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(영문) 의정부지방법원 2016.08.11 2015고단1221

도로교통법위반(무면허운전)등

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

The Defendant, on July 14, 2010, 2010, 1.5 million won, was sentenced to a fine of 3 million won for the same offense in the same court on August 19, 2010, and two million won for the same offense in the same court on December 16, 201, by the Jung-gu District Court on July 14, 201.

피고인은 2015. 3. 6. 16:00 경 강원 철원군 갈말읍 여우 냇 길 28에 있는 컨테이너 앞 도로에서부터, 같은 읍 궁예로 704에 있는 도로에 이르기까지 약 3km 의 구간에서 자동차 운전면허를 받지 아니하고, C 봉고 프런티어 화물자동차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

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

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. On February 20, 2012, the summary of the facts charged in this part of the charges, stating that “The Defendant, at around February 20, 2015, newly constructed a vinyl house in the dry field located in the Hawon-gun G, thereby receiving a subsidy of KRW 9750,000 from the office of the Hawon-gun, the Defendant would pay construction cost by receiving a subsidy of KRW 9750,000 from the Hawon-gun.”

However, even if the defendant received the above subsidies, he did not have the intention or ability to pay the construction cost to the victim.

As above, the Defendant, by deceiving the said victim, had the said victim construct a plastic house from the said victim, thereby taking property benefits equivalent to KRW 22,878,268 of the construction cost.

2. Determination

A. According to the evidence duly admitted and examined by this court, the following facts can be acknowledged.

A. On February 2012, the Defendant was selected as a person eligible for a subsidy for a non-forest rain.

B. On February 20, 2012, the Defendant is a dry field located in the Geumwon-gun G of the Geumwon-gun.