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(영문) 춘천지방법원 2016.09.06 2016고단686

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

On June 14, 2016, at around 17:10, the Defendant driven a B rocketing car without obtaining a driver’s license in approximately 10 km section of the Central Expressway located in the Chuncheon-si, Chuncheon-si, the front day of the Chuncheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without a license;

1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of fines and the selection of fines for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant committed the instant crime without being aware of the fact that the Defendant had been punished three times from around 2005 to around 2015 due to drunk driving, and one time due to driving without a license, and that the Defendant committed the instant crime is an unfavorable sentencing element against the Defendant.

On the other hand, there are extenuating circumstances such as the fact that the defendant's mistake is divided and reflected that he would not repeat the same crime again, that there is no additional danger, such as traffic accident while driving without license in this case, that the defendant was punished for driving without license in a relatively long time, and that there is no criminal history exceeding the fine for the defendant, and that the father of the defendant is "the location of the agency where it is unknown or the head of the father of the defendant's mother is "the malicious life, the right side", and that the mother of the defendant's mother is being treated at the Gangwon University Hospital in brain color.

In addition, the sentencing conditions specified in the pleadings of this case, such as the age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, shall be determined as ordered by considering all the circumstances.