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(영문) 의정부지방법원 2018.04.17 2017고단5763

도로교통법위반(무면허운전)

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant was sentenced to a suspended sentence for six months of imprisonment with prison labor due to a crime of violating road traffic law (unlicensed driving) at the Jung-gu District Court on February 9, 2017, and is currently under suspended sentence after the judgment became final and conclusive on February 17, 2017.

Criminal facts

On November 13, 2017, the Defendant driven a car about 7 km without a driver’s license from his dwelling place in Gyeonggi-gu, Gyeonggi-do, to the navigation intersection in the same Gun-si.

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, such as criminal history, such as a written reply to inquiry, text of judgment, investigation report (report on previous convictions and results of investigation);

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting a crime, the selection of fines, and the selection of fines;

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 in the order of provisional payment is under the unfavorable condition while the defendant is under the suspension of the execution due to driving without a license or driving under the influence of alcohol, but the criminal facts of this case are against the defendant, the criminal facts of this case are not simply driving without a license and are less likely to pose a relatively low social risk, the defendant has been subject to a suspension of the execution, but the main reason for the previous decision of suspension of the execution seems to be due to driving under the influence of alcohol rather than driving without a license (the alcohol concentration in blood was high at the time, the defendant had been three times the history of punishment for driving under the influence of alcohol, and the suspended sentence was sentenced for the reason that the defendant once again driving under the short term after regulating the previous driving of alcohol, etc.).