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(영문) 서울중앙지방법원 2016.06.22 2016고단2454

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 history] On September 27, 2013, the Defendant was issued a summary order that imposes a fine of four million won due to a violation of road traffic law (non-licenseless driving) at the Seoul Central District Court on the same day. On December 26, 2013, the Defendant was issued a summary order that imposes a fine of two million won due to the same crime, etc. at the same court on the same court on February 13, 2015, and was issued a summary order that imposes a fine of five million won due to the same crime, etc. at the same court on February 13, 2015, and on September 23, 2015, the same court was sentenced to one year of the suspended sentence of four-month imprisonment for the same crime and became final and conclusive on October 1, 2015.

[Criminal facts] around 03:50 on December 17, 2015, the Defendant driven the CM5 car without a driver’s license from around approximately 100 meters away from the road near the Seoul Special Metropolitan City, Gwanak-gu, Seoul to the 103rd road.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Photographs;

1. The driver's license ledger;

1. Previous convictions: Inquiry about criminal history, copies of each summary order, and application of Acts and subordinate statutes;

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