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(영문) 수원지방법원 성남지원 2016.10.26 2016고단2075

도로교통법위반(무면허운전)

Text

Defendant shall be punished by a fine of 4.5 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant of "2016 Highest 2075" [criminal records] was sentenced to two years of suspension of execution on January 7, 2015 to six months of imprisonment with prison labor due to the embezzlement of stolen property from possession in the Sungnam branch of the Suwon District Court on January 7, 2015, and the judgment became final and conclusive on January 15, 2015 and is still under suspension of execution.

【Criminal Facts】

At around 05:30 on July 7, 2016, the Defendant driven C Poter Cargo Vehicles without obtaining a driver's license in approximately 5km section from around 73 km to the same road in the middle-gu, Jung-gu, Seoul Special Metropolitan City.

around 17:35 on August 24, 2016, the Defendant driven approximately 10km from the 10k section to the front road of the 3rd road of the Gyeonggi-si, the Gyeonggi-si, without obtaining a driver's license, for the vehicle operation of the CPoter-II truck.

Summary of Evidence

1. Defendant's legal statement;

1. The register of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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

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

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

1. In light of the fact that it is somewhat harsh to invalidate the suspended sentence on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, and the fact that it is clearly stated on the materials of investigation cards, the previous offense of violation of the Road Traffic Act due to unauthorized driving is only one time, the sentence shall be determined as per Disposition.