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(영문) 창원지방법원 마산지원 2014.09.16 2014고단274
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 January 23, 2014, the Defendant was sentenced to a suspended sentence of two years on June 27, 2014 by imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) in the Changwon District Court's Msan Branch.

At around 11:00 on March 16, 2014, the Defendant driven a car at 300 meters away from the parking lot for the new apartment located in the Bupyeong-gu, Yongsan-gu, Changwon-si to the front road of the Msan University located in the same Gu without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes, such as a copy of the judgment, a letter of prosecution (investigative report-Attachment to the judgment, etc.);

1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty for a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include several types of records that Defendant was punished for the same crime, and, in particular, the circumstances leading to the instant crime again while the appellate court was serving a suspended sentence of imprisonment, such as the first head of the crime, even though he/she was sentenced to a suspended sentence of imprisonment.

However, the crime of this case is short, the traffic accident did not occur, the defendant disposes of the vehicle by mistake that he will not repeat the same crime, the crime of violation of the Road Traffic Act (unlicensed Driving) established as first head of the crime, and the crime of this case should take into account equity in the case where the crime of this case is judged at the same time as the crime of this case, and other various sentencing conditions as shown in the argument of this case, such as the character and conduct of the defendant, family environment, motive and circumstances leading to the crime of this case, etc., shall be determined by taking into account the whole sentencing conditions as shown in the argument of this case

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