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(영문) 대구지방법원 김천지원 2016.01.20 2015고단1393
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

On October 28, 2015, at around 16:30, the Defendant driven a car without a driver's license from the public parking lot located in the Namsan-dong in the Namsan-dong to the roads located in the same city through the south-dong, the Defendant was driving the car without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes to the situation report on driving without licenses, the ledger of driver's licenses, and the details of revocation 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 crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is likely to be highly criticized that the defendant has been driving without a license at any time during the period of repeated crime due to the same kind of crime.

On the other hand, the defendant's mistake is divided, and this is the last mistake, and the defendant does not drive without the license again.

There are circumstances to be taken into account, such as the fact that there is no accident in the course of the instant crime.

In addition, when comprehensively considering the defendant's age, sex, environment, background leading up to the crime of this case, circumstances after the crime of this case, and various conditions of sentencing as shown in the records and theories of changes, the defendant shall be given a last opportunity to return to a sound member of society, and the punishment, such as the order, shall be determined by a fine.

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