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(영문) 의정부지방법원 2019.08.14 2019고단727

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 05, 2018, around 09:51, the Defendant driven a vehicle with approximately KRW 2 km as DMW vehicle without obtaining a driver's license from the parking lot B at Yangju-si to the road at the same time as the point of control.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Photographss of the control site and CCTV images;

1. Application of the statutes on the register of driver's licenses (No. 18);

1. Relevant legal provisions concerning facts constituting an offense and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the point of driving without a license and the selection of fines);

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fines of 50,000 to 3 million won; and

2. Scope of recommending sentencing criteria: Non-establishment of sentencing criteria; and

3. On October 2017, the Defendant, who was sentenced to a suspended sentence of two years on the grounds of a violation of the Road Traffic Act on October 20, 2017, driven without a driver’s license on September 5, 2018 during the suspended sentence period.

When the Defendant committed the instant crime and was discovered, the Defendant committed the instant crime, and the circumstances are not good after committing the crime.

In addition, the defendant has been punished for the crime of violation of the Road Traffic Act at least three times around 2013, and around 2011, the defendant has a record of being punished for the suspension of the execution of a crime of this kind.

However, the defendant shows an attitude against the defendant, and there are circumstances that can be considered in the course of driving without a license, and the defendant's crime of driving without a license shall be punished by a fine only once in consideration of the fact that five years have passed since the case.

In addition, in comprehensive consideration of the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. of the defendant, various conditions of sentencing as shown in the records and pleadings of the case and the old punishment of the prosecutor (three million won of a fine) shall be determined as per the order.