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(영문) 대전지방법원 2019.01.18 2018고단3889
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 October 30, 2018, at around 15:18, the Defendant driven C cargo vehicles from the construction site at which it is impossible to find out the trade name in Geumsan-gun B, Chungcheongnam-gun, and without obtaining a driver's license from approximately 8 km section to the front road of the Geumsan-si, Geumsan-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, the selection of fines for the crime;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

The reason for sentencing is that the defendant has been punished several times due to driving without a license, and in particular, the defendant was sentenced to two months of the suspended sentence on October 20, 2017 by the Daejeon District Court on June 21, 2017, and the judgment became final and conclusive on October 20, 2017, and is still under the current suspended sentence, so it is not good that the crime of this case is committed.

However, the Defendant reflects his mistake, and the Defendant is obliged to operate a pumps for concrete removal at the construction site with the name of “D,” and the Defendant is obliged to operate the pumps at the construction site. On the day of the instant case, the Defendant was unable to seek a substitute driver, and there are circumstances to take some of the circumstances into account in the construction site. As the Defendant had employed a new pump driver, the Defendant would not drive the pumps again, and the Defendant would not drive a license again, and considering the circumstances that the suspension of execution would be too harsh if the Defendant’s choice of imprisonment would be invalidated, the Defendant is subject to a fine only once, taking into account the following factors: the Defendant’s age, character and conduct, and environment.

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