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(영문) 대구지방법원 서부지원 2016.05.12 2016고단423
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

【Criminal Force” On August 14, 2014, the Defendant was sentenced to a suspended sentence of two years for six months of imprisonment with prison labor due to a violation of road traffic law in the Seo-gu District Court’s branch branch branch branch, etc., and the said judgment became final and conclusive on August 22, 2014.

【Criminal facts” around January 30, 2016, the Defendant driven a G typ car on the front of the Domsan apartment site located in the Seogu Seo-gu Seosan-gu, Daegu-gu, without a driver’s license for a motor vehicle, to the front of the Domsan-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of suspects under the Traffic Act (licensed driving) on the road;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports (Attachment to the same criminal suspect's judgments, etc.

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

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 was punished several times for the same crime, and in particular, around August 2014, the defendant was sentenced to a suspended sentence of six months for the same crime, but he was sentenced to a suspended sentence of six years for the same crime, etc., but around July 2015, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (protruding vehicles) was committed, and the crime of this case was committed again before the said suspended sentence expires, the criminal liability of the defendant is very heavy.

However, on February 25, 2016, prior to the institution of the prosecution of this case, the defendant was given a summary order of KRW 8 million with respect to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., escape vehicles) prior to the institution of the prosecution of this case. Considering the commission of the crime of this case, it appears that the defendant could have been simultaneously subject to the judgment of this case, there was no record of punishment other than punishment imposed on the defendant for traffic crime, and there is no other record of punishment imposed on the defendant.

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