(영문) 대구지방법원 서부지원 2018.07.17 2017고단2704

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(영문) 대구지방법원 서부지원 2018.07.17 2017고단2704

도로교통법위반(무면허운전)

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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

On October 8, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle on or around 01:15, driven a CST car from around 200 meters to around 200 meters from the 11st day to the 11st day to the 25th day to the 25th day to the front day of the wing apartment parking lot in Daegu-gu, Seogu.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Reporting on the detection of suspected victims of a violation of the Traffic Act on roads and the application of Acts and subordinate statutes reporting the situation of unlicensed driving;

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting a crime, the selection of fines, and the selection of fines;

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 was punished several times due to a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving), and on July 13, 2017, the Daegu District Court sentenced the suspension of the execution of two months for the violation of the Road Traffic Act (non-licenseed driving) at the Daegu District Court on July 13, 2017, and sentenced the suspension of the execution of two months for July 21, 2017. In addition, even though the judgment became final and conclusive on July 21, 2017, it is necessary to severely punish the Defendant.

However, in light of all the circumstances, such as the fact that the defendant's mistake is recognized, and the crime of this case is the first crime during the period of the above suspension of execution due to a mere non-licenseless driving, the defendant's disposal of the vehicle of this case, the driving distance is relatively short, the defendant's family and persons who are affiliated with the defendant's family want the defendant's preference to the defendant, the circumstance of the crime, and the record of the crime.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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