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(영문) 수원지방법원 성남지원 2017.04.21 2016고단3095

도로교통법위반(무면허운전)

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On August 1, 2016, the Defendant, without a driver’s license of a motor vehicle around 17:20 on August 1, 2016, driven a DINFINITG G37S motor vehicle from the front road of the Sinnam-si, Sungnam-si to the front road of about 2.5 km to the front road of 184, in terms of the nature of Sungnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and the ledger of chassiss, and the ledger of driver's licenses;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the Defendant was sentenced to imprisonment on July 21, 2016 to a violation of the Road Traffic Act (non-licenseless Driving), a violation of the Road Traffic Act (driving of Drinking), and a violation of the Road Traffic Act (driving of Drinking), and the decision on July 29 of the same month became final and conclusive on July 29, 2016, and is still under the current suspension of execution. On May 19, 2014, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (non-licenseless Driving of Motor Vehicle), a violation of the Road Traffic Act (driving of Drinking), and a violation of the Road Traffic Act (driving of Drinking).

As above, the crime is very poor in that the defendant re-offendered at 3 days after the judgment of probation became final and conclusive.

In addition, the defendant was revoked on January 22, 2014 and the cancellation period is not shorter.

However, the defendant does not repeat again while selling an automobile, and the family members of the defendant are leading the defendant.

In light of the fact that the suspended sentence against the defendant is due to the driving of the defendant's drinking, the decision of the suspended sentence will be finally selected as a fine.

In determining the specific amount of fine, the same type as the order shall be determined in consideration of the unfavorable circumstances as seen earlier.