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(영문) 춘천지방법원 영월지원 2018.09.11 2018고단273

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 18, 2017, the Defendant was sentenced to imprisonment with labor for one year for a violation of road traffic law (unlicensed driving) in the Youngcheon District Court’s Young-gu branch on July 18, 201, and the judgment became final and conclusive on May 26, 2018.

[Criminal facts] On May 21, 2018, the Defendant driven the D Spoter spoke-down cargo without the driver’s license from around 1.9 km to the front roads of the Gangwon-gun, Gangwon-do, Seoul-gun, to around 1.9 km.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site and photographs of damaged parts;

1. Reports on internal accidents (the time during which the traffic accident occurs, the driver, and the specification of the vehicle); and

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

1. The driver's license ledger;

1. An investigation report (informating data in the course of disqualification);

1. A report on investigation (specific distance of the vehicle under investigation) and the following guidance:

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment of the immediately preceding electric judgment and sentencing judgment), and copy of the judgment;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Disadvantageous circumstances such as the fact that there was a record of being punished for the same kind of crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the fact that the defendant recognized the crime of this case and reflects it, the equity in the case that the judgment was rendered simultaneously with the crime for which all the judgment stated in the judgment became final and conclusive, the favorable circumstances such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, means and method of the crime, etc., and other favorable circumstances such as the defendant's age, sex behavior, environment, motive and circumstance of the crime, method and method of the crime, etc., shall be determined as per the order