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(영문) 인천지방법원 2016.08.24 2016고단3749

도로교통법위반(무면허운전)

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to 4 months of imprisonment with prison labor and 2 years of suspended execution on August 27, 2015 by the Incheon District Court for a violation of the Electronic Financial Transactions Act

9.4. The ruling becomes final and conclusive and currently during the suspension of execution.

[Criminal facts] On June 2, 2016, the Defendant driven B freight without obtaining a driver’s license for approximately 8 km section from the front of the 23-3 Dong-dong Ho-dong Ho-dong Gyeongdong-dong dong-ri to the front of the same Eup-dong dong-dong dong-dong dong-dong dong-dong dong-dong dong-dong dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of the report on the situation of driving without a license, the ledger of driver's licenses for automobiles, investigation reports (informating the issuance of temporary driving certificates, etc.), and issuance of temporary driving certificates

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of a case pending in judgment during the period of suspended execution), and statutes;

1. Relevant Article of the Act and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the facts constituting an offense, the selection of fines for the crime (it shall be considered that there is no previous driver's license);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;