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(영문) 제주지방법원 2018.10.10 2018고단957

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

[criminal record] The defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jeju District Court on November 16, 2017, and the above judgment became final and conclusive on the 24th of the same month and is still under the suspension of execution.

[2] On April 10, 2018, the Defendant driven a CTB-free car from around 3 km to the front road of the Red Cross, which is located in the front road of the Jeju-si, Jeju-do without a driver’s license, around 22:10 on April 10, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The actual investigation report on traffic accidents;

1. The driver's license ledger;

1. Application of data on vehicle photographs, on-site photographs, and statutes;

1. Relevant legal provisions concerning criminal facts, and Articles 152 subparag. 1 and 43 of the Road Traffic Act, the selection of fines for the crime (in addition, even though the defendant's previous conviction for the crime committed during the suspension of execution is highly likely to be subject to criticism due to his/her previous conviction for the crime, he/she shall be punished by a fine in consideration of the fact that he/she has no record of criminal punishment for driving without a license until now);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;