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(영문) 춘천지방법원 2017.08.09 2017고정207

도로교통법위반(무면허운전)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On April 6, 2017, the Defendant driven a car of approximately 2 km from the dry film water parking lot in the Chuncheon-si, Chuncheon-si to the two apartment front roads in the same city-based efficiencies, without the driver's license, for approximately 2 km distance from the two apartments in the same city-based efficiencies.

Summary of Evidence

1. Statement by the defendant in court;

1. Filing a report on the situation of driving without a license, making an on-site photograph of a vehicle with no license, and applying statutes to the ledger of drivers' licenses

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the fact that the Defendant appears to have recognized and reflected the instant crime; (b) there is no record of punishment exceeding the fine; and (c) the instant crime is committed on the sole driving without a license, and there are factors for sentencing favorable to the Defendant.

However, in light of the fact that the Defendant had been driving without a license for driving alcohol for a long time since the license was revoked due to driving without a license, and that the Defendant committed the instant crime, which is the same kind of crime, since the punishment was not imposed due to driving without a license, it is inevitable to punish the Defendant more severe than the previous punishment.

In addition, all other circumstances, such as the age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the pleadings of this case, shall be determined as per the order.