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(영문) 광주지방법원 2019.02.14 2018고단4986

도로교통법위반(무면허운전)

Text

Defendant shall be punished by a fine of four 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

The defendant is a person who drives B benz vehicles.

1. On July 31, 2018, the Defendant driven the said vehicle without a driver’s license at approximately 4 km from the Seo-gu Seoul Building Underground Parking Lot of Gwangju Seo-gu to about 17:34.

2. On August 23, 2018, at around 17:43, the Defendant driven the said vehicle without a driver’s license in the section of approximately 4 km from the Seo-gu Seoul Western Building Underground Parking Lot to approximately D underground parking lots in Gwangju Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The driver's license ledger;

1. Application of the Act and subordinate statutes, such as a photograph of a black stuffe photograph (17:34 July 31, 2018), a photograph of a black stuffe image (17:43 August 23, 2018), and a photograph of a black stuffe photograph (20:43 August 23, 2018)

1. Relevant Article of the Act on Criminal Facts and the Selection of penalties, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. In light of the favorable circumstances such as the cancellation of a driver's license for a motor vehicle for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and the fact that the crime of this case was committed during the period of suspension of execution according to the judgment sentenced for a drunk driving, etc., it is deemed that the motor vehicle was driven for the purpose of commuting to and from work, or that there was no record of punishment prior to the crime of this case, and that the defendant recognized his mistake, it seems to be somewhat harsh in light of the content and control of the crime of this case, allowing the choice of imprisonment with prison labor as punishment for the defendant's act and eventually bring about the loss of the validity of the suspended sentence. Thus, it is deemed that the defendant is

In addition, the defendant's age, character and conduct, environment, circumstances after crimes, etc. shall be determined as per the disposition.