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(영문) 대구지방법원 2019.09.04 2019고단3183
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 November 24, 2016, the Defendant was sentenced to two years and six months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Daegu District Court on November 24, 2016, and completed the execution of the sentence in the Daegu Prison on October 18, 2018.

On June 7, 2019, at around 17:30, the Defendant driven a Bknife car without obtaining a driver's license in approximately 2 km section from the Do in front of the Southern River at the Do in the front of the Southern River in Daegu-gu, Daegu-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

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

1. Although there are many records of punishment for the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, the criminal liability is heavy in that the period of repeated crime is repeated and the risk of recidivism is high, and thus, it should be strictly punished in order to prevent recidivism. However, there are circumstances considering driving circumstances as it appears that the defendant is driving to work early before a new wall while he/she harvests crops, such as overwork and daily stuff, in an agricultural community in which public transportation is poor, in order to take into account driving circumstances, and the defendant later turns together with his/her family head at the same time. Therefore, under the above circumstances, the defendant is able to dismiss his/her family if he/she is detained, taking into account the circumstances such as the fact that the family can be dissatisd if he/she is detained. It is so decided as per Disposition by the assent of all participating Justices.

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