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(영문) 의정부지방법원 2017.11.29 2017고단4143

도로교통법위반(무면허운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On January 12, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of road traffic law (unlicensed driving) at the District Court of Jung-gu on January 12, 201, two years of suspension of execution, protection observation, etc., and the judgment became final and conclusive on January 20, 2017, and is currently under suspension of execution.

On August 30, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle on August 10, 2017, driven a motor vehicle with approximately 300 meters high-speed B put on the front of the “private athletic industry company” located in the shill of 434, Yeong-si, Namyang-si, Namyang-si, Seoyang-si, Seoyang-si, which is located in 408.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Reporting on detection of violation of the Road Traffic Act;

1. The driver's license ledger;

1. Previous conviction: Application of an inquiry letter, text of judgment, and each summary order, such as criminal history;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant is a thirdless driver’s license.

Since being sentenced to a fine due to drinking driving in 2014, it was sentenced to a fine of KRW 7,00,000 as a fine due to a violation of the Punishment of Specific Crimes (Bodily Injury resulting from Dangerous Driving) in 2016.

In this regard, on June 2016, it was sentenced to suspended execution by driving without a license.

In other words, in principle, it is inevitable to sentence sentence because it is not possible to suspend the execution, and it is difficult to punish a fine less exceptionally.

However, although the defendant has been receiving medical treatment due to her husband's death, her husband's 3 children, depression, etc., the crime of this case was very wrong, other than that of this case, her efforts have been made to observe the counseling or instruction with the protection observation officer during the suspension period and to improve her military register status, such as faithfully prescribing and taking clothes.