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(영문) 춘천지방법원 2019.05.30 2019고단59

도로교통법위반(무면허운전)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 27, 2018, the Defendant, without a driver’s license of a motor vehicle on December 27, 2018, driven a BNEW EF rocketing motor vehicle from a distance of about 70km to a point of about 362.2km of the Central Highway in the Hancheon-gu, Hongcheon-gu, Hongcheon-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of the register of driver's licenses, a survey report on actual conditions, and field photographs statutes;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant was punished by a fine on two occasions due to drunk driving in 2018, and the fact that the defendant did not drive without a license is disadvantageous to the defendant.

However, there is no criminal history that the defendant has been punished for driving without a license, and there is no criminal history that has been punished by imprisonment or more than imprisonment, etc. are favorable to the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the age, character and conduct, environment, motive and background of the crime, the result of the crime, and the circumstances after the crime.