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(영문) 창원지방법원 2017.11.03 2016고단2347
도로교통법위반(무면허운전)
Text

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 June 22, 2016, around 01:45, the Defendant driven a motor vehicle of sofurged B without obtaining a driver’s license from around 3km-ro, 52-dong, Seoul High-ro, Seoul High-ro, 141, Jindo-ro, 141, from around 3km-ro, in front of the Western.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A criminal explanatory note;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, has already been punished twice due to drinking alcohol driving, and has committed a second offense without being aware thereof.

In particular, even though the Defendant had caused a traffic accident while driving without a license for three months or more, the Defendant repeated the license with the same vehicle within a short time.

However, this time did not lead to the actual accident.

As of the time of the crime of this case, the previous conviction was only one year prior to several years, and two cases including subsequent convictions were punished by a fine.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.

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