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(영문) 부산지방법원 2018.07.12 2018고정445

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

The defendant is a driver of a vehicle C in salary C and III.

On September 19, 2017, the Defendant driven the said vehicle without a driver’s license at a distance of approximately 150 meters from approximately 16:00 meters to the front day of the Dong-dong, Geum-gu, Busan, to the front day of the Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on detection of non-licensed drivers, report on the situation of unlicensed driving, details of revocation of driver's license, and application of statutes to the ledger of driver's licenses

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting a crime;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The sentencing criteria are not applicable because a fine is selected to apply the sentencing criteria;

2. Sentencing as ordered in consideration of the motive and background leading up to driving without a license, the degree of reflection of the defendant, the records of the same crime (the fact that a person has been punished several times due to a non-license or driving without a license, and is currently under the suspension of the execution of imprisonment due to a violation of the Road Traffic Act).