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(영문) 대구지방법원 서부지원 2016.04.08 2015고단1269
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 29, 2015, the Defendant, without obtaining a driver’s license from around 22:50 on July 29, 2015, driven B low-speed car from around 200 meters away from the commercial front road to the Southern-gu IC in the same way as the mutual influent used vehicle in the Daegu-gu Franchising-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was that the Defendant was sentenced to a fine of KRW 500,000 on October 24, 207 due to driving without a license on October 24, 2007, and on April 16, 2015, the court was sentenced to a two-year suspended sentence due to drinking and damage to public goods and was requested for a summary order due to a non-licensed driving during the grace period, and again, was committed the crime of driving without a license during the grace period. Therefore, there is no possibility of criticism.

However, this case does not lead to drinking driving or traffic accidents, and the sentence of imprisonment with prison labor is too harsh in light of the defendant's age, possibility of repenting, etc., and thus, it is so decided as per Disposition by deciding to be punished by a fine only once.

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