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(영문) 대구지방법원 김천지원 2016.02.17 2015고단1457
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 November 13, 2015, the Defendant driven a B observer car without the driver’s license from the front side of the Gansung reservoir located in the Gu-U.S. Si-S. Si, Kimcheon-si to the front side of the 5km road along the evis-si, Kimcheon-si, the Defendant driven the B observer car without the driver’s license from around 14:18.

Summary of Evidence

1. Statement by the defendant in court;

1. The ledger of driver's licenses, details of revocation of driver's licenses, and application of Acts and subordinate statutes to inquiries about association;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the 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 of Article 334(1) of the Criminal Procedure Act for the crime of this case on the ground of the sentencing of the provisional payment order is likely to be subject to considerable criticism that the defendant driving without obtaining a license without being aware of the fact that the defendant was under the suspension of execution.

On the other hand, the defendant would not drive without a license again on the last day.

There are circumstances to be taken into account for the Defendant, such as the repeatedness of the instant crime, the fact that there are some circumstances to be taken into account in the process of the instant crime, the fact that there was no accident in the process of the instant crime, and the fact that the current direction and supervision of the protection observation officer is complied with, and the effect of preventing recidivism is expected by the guidance of the protection observation officer.

In addition, comprehensively taking into account the defendant's age, sex, environment, family relationship, circumstances leading to the crime of this case, and various conditions of sentencing as shown in the records and theories of changes, such as the records of this case and the circumstances after the crime, the defendant shall be given an opportunity to last and be reinstated as a sound member of society, and the sentence shall be determined like the order.

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