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(영문) 춘천지방법원 2015.10.08 2015고단638

도로교통법위반(무면허운전)

Text

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

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 18, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) in the Daegu District Court Kimcheon Branch on September 4, 2015 and the judgment became final and conclusive on September 4, 2015.

On June 5, 2015, at around 07:10, the Defendant driven the C rocketing car without obtaining a driver’s license from around 120 km section of the Central Highway in the Hoju-do, the Hoju-do, from an insular place in the Gusi-si, to the point at which 322 km is located in the Hoju-do.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on arrest of a violation of the Road Traffic Act;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and copies of each judgment in the Daegu District Court Decision 2015No331, Daegu District Court Decision 2015No2609, and the application of the statutes on the search of a Konet case;

1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty for a crime;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of 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 a two-month period of imprisonment on April 10, 2015 to a two-month period of imprisonment on the grounds of a violation of the Road Traffic Act (unlicensed Driving) in the Eunpyeong District Court’s Eunpyeong Housing Site, which was sentenced to a two-month period of imprisonment on April 18, 2015, and the judgment became final and conclusive on April 18, 2015, and as a result, the defendant was engaged in driving without a license even though he/she was under the period of suspension of execution. However, as stated in its reasoning, the defendant was sentenced to imprisonment for six months for a violation of the Road Traffic Act (unlicensed Driving) and the judgment becomes final and conclusive, and this case may be judged simultaneously with the crime for which the above judgment became final