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(영문) 대전지방법원 2019.09.06 2019고단1852

도로교통법위반(무면허운전)등

Text

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

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

Reasons

Punishment of the crime

1. On May 5, 2019, at around 14:46, the Defendant was driving a vehicle with approximately 10 km from the front road of Yeongdeungpo-gu Seoul Metropolitan Government to the right side road of the Nowon-gu, Seoul Metropolitan City Nowon-gu, Nowon-gu, Nowon-gu, to the right side road of the Nowon-gu, Nowon-gu, Seoul Metropolitan City Nowon-gu, without obtaining a driver’s license.

2. The Defendant alleged that there is no identification card to E belonging to the Seoul Nowon Police Station D Zone D District Police Station, which is a controlling police officer, in order to conceal the fact of driving without a license as described in paragraph (1) at the time and place mentioned in paragraph (1). In order to enable E to inquire into the identity of F in order to identify himself/herself as if he/she was the F.

Accordingly, the defendant used another person's resident registration number unlawfully.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of vehicle operation;

1. Application of the Acts and subordinate statutes to the ledger of driver's licenses without a license, report on the situation of driving, voluntary driving;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 37 subparagraph 10 of the Resident Registration Act, and selection of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 of the provisional payment order is that the defendant was punished by a fine of KRW 3 million on January 17, 2019 for a violation of the Road Traffic Act (driving) and was committed on May 5, 2019 when he/she was sentenced to a suspension of execution for six months on July 20, 2018 due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury), etc. of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc.”) committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment”).