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(영문) 인천지방법원 2018.01.19 2017고단8119

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 4, 2017, around 21:35, the Defendant driven the Samsung T&P car without obtaining a driver's license from around 5 km to around 302, from around 36, Nam-gu, Incheon, Namdong Arts, to around 27, Bupyeong-gu, Incheon, the office of Bupyeong-gu, Incheon, to the road.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a D traffic accident;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Registers of driver's licenses (18 pages of evidence records);

1. Application of statutes, such as site photographs;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the history of 18 criminal punishment for the accused of the order of provisional payment, and among them, the previous convictions for the driving of alcohol five times, and the previous convictions for the driving of non-licenses four times, and in particular, the defendant has the history of being sentenced to a two-time sentence and a one-time suspended sentence due to driving of alcohol.

The Defendant committed the instant crime by driving without obtaining a license for a repeated crime for which one year has not elapsed since the execution of the sentence was completed on December 21, 2016, as a crime of violating the Road Traffic Act.

The risk of traffic accidents caused by Defendant's unauthorized driving of a driver's license is more likely to be criticized.

In light of the fact that the defendant has a criminal record due to a large number of drinking and driving without a license, there is a doubt that the defendant does not have any intention to comply with the traffic laws and regulations.

However, the defendant shows a attitude to recognize and reflect the crime in this court.

The defendant did not suffer human damage due to the traffic accident caused by the defendant, and the physical damage seems to be easy to recover from the damage through the comprehensive insurance.

The defendant shall perform the duty of transporting materials by an employee who drives a vehicle.