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(영문) 대구지방법원 2018.04.19 2018고단292
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. The Defendant violated the Road Traffic Act is a person who is engaged in driving a vehicle B with a load of vehicle B.

On November 28, 2017, the Defendant driven a motor vehicle from the point of 159km to the point of 172km on the expressway, which is in the account of the seat Eup located in Gldong, to the point of 13km away from the 159km to the point of 172km, with a speed of 160km to the speed of 19km to the speed of 190km to the speed of 190km to the speed of 190km to the speed of 190km to the speed of 190km to the speed of the vehicle, followed again the violation of the overtaking method to overtake the vehicle, such as changing the lane from the first lane to the two lanes to the other one, thereby threatening or endangering others or causing any danger to traffic.

2. On November 28, 2017, the Defendant: (a) driven a motor vehicle with no driver’s license in an irregular section from the Daegu Seo-gu, Daegu to the point of 172 km away from 19:47, to the point of 172 km away from the west-gu, Daegu-gu to the lux Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the arrest of the suspect in violation of the traffic law on roads;

1. Reporting of internal investigation (the details of the exposure);

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

1. Relevant Article 151-2, subparagraph 3 and 6 of Article 46-3 of the Road Traffic Act (hereafter "unlicensed driving"), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (hereafter "unlicensed driving"), and the selection of fines for each crime;

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

1. The sentence like the order shall be determined by comprehensively taking into account the following circumstances as to the sentencing reasons under Articles 70(1) and 69(2) of the Criminal Act, and other conditions of the sentencing as shown in the records, such as the Defendant’s age, occupation, sex, family relation, and circumstances before and after the commission of the crime.

- On February 9, 2017, the Defendant was sentenced to the suspension of six months of imprisonment for a crime of violating the Traffic Act (drinking driving) on the road and was also sentenced to two years of suspension of execution, and is likely to debris each of the instant crimes during the suspension of execution.

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