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(영문) 수원지방법원 안양지원 2020.06.17 2020고단333

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

Around 14:40 on January 27, 2020, the Defendant driven CM5 car without obtaining a driver’s license from the front parking lot of the king-si B apartment to the road from about 78 km in the Gangseo-dong Highway direction, from around 50km to the road.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes concerning photographs of operating vehicles, the ledger of driver's licenses, and car screening;

1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of fines and the selection of fines for the crime;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing of the provisional payment order is based on the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the conditions of all kinds of sentencing as shown in the pleadings of the instant case, including the circumstances after the crime.

Unfavorable circumstances: The Defendant was punished for a drunk driving in 1999 and 2003, and for a non-licensed driving in 2006.

In particular, on January 16, 2020, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for the crime of violation of the Road Traffic Act, and the judgment became final and conclusive on January 24, 2020, and the Defendant did not know about the period of suspended execution, but rather did not pay more attention to the crime of this case.

A favorable circumstances: The defendant is recognized as committing a crime and is against the defendant.

There is no record of punishment for the same crime, which is heavier than a fine.