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(영문) 춘천지방법원 원주지원 2017.11.24 2017고단718

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 July 8, 2014, the Defendant was sentenced to six months of imprisonment due to a violation of road traffic law (unlicensed driving) in support of the Southern District Court of the Jeonju on July 8, 2014, and completed the execution of the sentence in the Jeonju prison on January 7, 2015.

[2] On May 20, 2017, the Defendant driven a coo car without obtaining a driver’s license from around 700 meters to about 700 meters to about 150 meters to about 233 meters to the front road of Matju City, which is located at KRW 150, Won-si, Won-si, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the fact that the person is a repeated offender);

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of fines for the crime (the following sentencing factors shall be considered);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the accused has the same criminal records and, in particular, the punishment for the crime committed during the period of a repeated offense is not minor.

However, the defendant shows the attitude of recognizing and opposing the crime, the fact that the accident was not caused at the time of driving without the permission of this case, and the sentencing conditions indicated in the records, such as the defendant's age, sexual conduct, environment, motive of the crime and circumstances after the crime, etc., shall be selected and punished only once, and the amount of the fine shall be determined by considering the fact that the defendant is a crime during the period of repeated crime.