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(영문) 창원지방법원 2018.09.14 2018고단1713
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On May 26, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driving a two-wheeled vehicle at approximately 30 km section from May 26, 2018 to the front road of the Defendant’s house located in Gyeongnam Kim-si, Kim Jong-si, Busan, without obtaining a driver’s license from the Do in front of the Defendant’s house located in 10:50 on May 26, 2018.

2. No driver of any two-wheeled motor vehicle, other than emergency motor vehicles that violate road traffic Acts, shall drive along any motor vehicle;

On May 26, 2018, at around 10:35, the Defendant driven a two-wheeled vehicle at approximately 10km from the intersection in front of the Bamamamamamb in the city of the same city to the intersection of the Jeju Island located in the city of the same city. C 263 Sim 263 Sim e., e.b. 300 Sim e.

Summary of Evidence

1. Statement by the defendant in court;

1. The register of teas and driver's licenses;

1. National inquiry report;

1. Application of each statute on photographs;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 152(1), Article 43 of the Road Traffic Act (Unlicensed Driving, Selection of Fines), Article 154 Subparag. 6, and Article 63 of the Road Traffic Act (the point of traffic along exclusive roads for motor vehicles and the selection of fines);

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of the above two crimes) shall be aggravated for concurrent crimes;

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 is that the Defendant already driven a two-wheeled vehicle without a license without being aware of the fact that the Defendant had been punished more than six times, including two times of imprisonment due to a license without a license. In addition, the Defendant, without permission, driven a two-wheeled vehicle without a license, and passed the vehicle on the road without permission even though there is no urgent reason

In particular, after having been sentenced to imprisonment with prison labor due to driving without a license in the year of the year, the two-wheeled vehicles used the same two-wheeled vehicles within the period of the repeated crime.

However, the defendant reflects his fault in depth.

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