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(영문) 의정부지방법원 2018.11.28 2018고단3970

도로교통법위반(무면허운전)

Text

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

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On August 12, 2018, the Defendant driven a B-learning car without obtaining a driver's license from around 3 km to the front road of the Jeju apartment complex, which is about 92, from around 01:05 to the 79-ro, Goi-si, Goi-si, the 79-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. Application of statutes as a result of inquiry about a certificate of driving experience;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant was sentenced to a suspended sentence of imprisonment on June 27, 2018 due to the crime driving without a license, even though he/she got a pedestrian crossinging the crosswalk, and runs without obtaining a license that becomes eight (8) days thereafter.

Nevertheless, without being aware of it, the vehicle was operated without a second license before the two months end from the time the above judgment was sentenced.

The instant vehicle is the “C” that its owner is the female-friendly Gu of the Defendant, whereas the insurance contractor is not C but the Defendant.

It is doubtful that the person who mainly operated the instant vehicle is not C but Defendant.

However, it is expected that the defendant will enter the military, and the sentence of punishment will be harsh, considering the favorable circumstances.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal records, the punishment as ordered shall be determined.