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(영문) 대전지방법원 논산지원 2015.12.11 2015고단696
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 7, 2015, around 08:00, the Defendant driven a Cal-purd-purd-purged-car without obtaining a driver’s license at a distance of approximately 200 meters from the front side of the Donwon apartment located in the same side of the Donwon apartment located in the same side.

2. On October 14, 2015, around 03:20 on October 14, 2015, the Defendant driven a vehicle described in paragraph (1) without obtaining a driver’s license, within the area of approximately 30 meters in front of 2 Hawon apartment in front of 30 meters in front of 2 Hawonwon apartment in the 66th city of Mangyeong,

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Control note, ledger of driver's license, redlights, and field photographs;

1. Application of investigation reporting Acts and subordinate statutes prepared by the police;

1. Relevant legal provisions concerning facts constituting an offense, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act, the selection of fines;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act was sentenced to a fine for unlicensed driving. On November 15, 2013, the Defendant was sentenced to a fine for special larceny, fabrication of public documents, uttering of forged or falsified documents, acquisition of stolen property, and imprisonment with prison labor for 10 months for unlawful use of automobiles in the Daejeon District Court. On May 30, 2014, the Defendant was released on parole on May 30, 2014 after the parole period passed on June 9, 2014, and thus, the risk of recidivism is not small.

However, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: the defendant is prognating and prognating the crime in depth; the distance of the defendant's driving without a license is relatively short; the defendant has not paid up to the traffic accident due to a unauthorized driving; the defendant's age, character, conduct and environment, etc. as shown in the arguments of this case.

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