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(영문) 창원지방법원 2016.06.03 2016고단832
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 February 16, 2016, around 11:00, the Defendant driven a B-e-sports car without obtaining a driver's license from around 700 meters in a section of approximately 700 meters from the road of the window 35-7, Changwon-si, Changwon-si to the same Gu from the road of the 35-7 mileage Construction to the road of the same Gu.

1. Statement by the defendant in court;

1. Application of the ledger of driver's licenses and statutes governing field photographs;

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which had been sentenced by the Changwon District Court on July 21, 2015 to 6 months of imprisonment or 2 years of suspended execution due to a crime of violating road traffic laws, etc. at the Changwon District Court on July 21, 2015, and the judgment became final and conclusive on November 7, 2015, and again committed the instant crime, despite the fact that the said judgment was still under suspended execution, is the reason for sentencing unfavorable to the Defendant.

In addition, considering the Defendant’s age, sex, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence of imprisonment with prison labor for six months during which the sentence of the previous suspended sentence is invalidated and the sentence of the previous suspended sentence becomes final and conclusive in the instant case, it seems that this would be excessively harsh. In addition, considering the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, motive, means and consequence of the crime, the sentence of a fine like the order shall be imposed. However, the same act would no longer be repeated even once in the future.

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