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(영문) 창원지방법원 2019.01.09 2018고단2946
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 200,000 won.

If the defendant fails to pay the above fine, money is made.

Reasons

Punishment of the crime

[Criminal Power] Cases: Changwon District Court Decision on February 15, 2017: Imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) and the suspension of execution of imprisonment for a period of six months or more: Supreme Court Decision 23 February 23, 2017 / [Criminal Facts]

1. On October 29, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, and around 23:30 on October 29, 2018, the Defendant driving a rocketing car from around 50 meters to the above apartment Cdong parking lot from around 50 meters to around the above apartment Cdong parking lot. On October 30, 2018, the Defendant driven the said rocketing car from the above apartment Cdong parking lot to about 600 meters from the above apartment Cdong to the F in the Kimhae-si.

2. On October 29, 2018, the Defendant violated the Road Traffic Act, at around 23:30, without obtaining a driver’s license as prescribed in paragraph (1) of the same Article, driving the said rocketing car in front of the Management Office of Kim Sea B apartment at Kim Sea, and driving the road before the management office of the rocketing B apartment at Kim Sea. The Defendant did not provide the victim’s personal information despite the Defendant’s damage of KRW 2,468,290 on the back part of the driver’s seat of the car driving car, which was parked in the area due to occupational negligence, and failed to accurately operate the steering and steering devices without thoroughly examining the steering and steering sides.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant legal provisions concerning the facts of crime and subparagraph 1 of Article 152 of the Road Traffic Act, Articles 43, 156 subparagraph 10, and 54 (1) 2 of the Road Traffic Act (measures not to be taken after destruction and damage, and fines) of the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Sentencing punishment of Article 334 of the Criminal Procedure Act: Imprisonment with prison labor for a period of six months and a fine of two hundred thousand won: Imprisonment with prison labor for a period of six months and a fine of two hundred thousand won: an aggravated cause;

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