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(영문) 창원지방법원 거창지원 2016.04.20 2016고단57
도로교통법위반(무면허운전)
Text

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

If the defendant does not pay the above fine, 50.

Reasons

Punishment of the crime

【The Defendant was sentenced to six months of imprisonment with prison labor or two years of suspended execution due to a violation of road traffic laws (unlicensed driving) at the Seo-gu District Court’s Branch on October 17, 2014, and the judgment became final and conclusive on the 25th of the same month. On February 4, 2015, the Defendant was sentenced to four months of imprisonment with prison labor or two years of suspended execution due to a violation of road traffic laws (unlicensed driving) at the Chang-gu District Court’s Branch Branch on the 12th of the same month, and the said judgment became final and conclusive during the period of suspended execution.

【Criminal facts】 On February 14, 2016, the Defendant driven a C-car without the driver’s license on the front road of the “Yisan Agricultural Cooperative Co., Ltd., Ltd.,” located on the front road of the “Yisan Agricultural Co., Ltd., Dogsan-gun,” located on the front road of the “Yisan Agricultural Co., Ltd., Dogsan-do,” located on the Dogsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes governing the investigation agency;

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 crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is deemed to have driven a motor vehicle without a motor vehicle driver's license, and the defendant has four criminal records of punishment for the same criminal records and the crime of this case is committed during the period of suspension of execution due to the same criminal records, and it seems that the defendant's compliance awareness is significantly lacking, etc. is disadvantageous to the defendant.

On the other hand, the fact that the defendant seems to be seriously against his own crime, and the fact that the defendant was detained for a considerable period of time due to the crime of this case is favorable to the defendant.

In each of the above circumstances, the sentencing shown in the records and arguments, such as the defendant's age, sex, occupation and environment, and the background of the crime of this case.

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