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(영문) 인천지방법원 2016.09.28 2016고단4455

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

[criminal history] On August 29, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of road traffic laws (unlicensed driving) at the Seoul Western District Court on August 29, 2012, and was sentenced to imprisonment with prison labor for a violation of road traffic laws (unlicensed driving) at the Seoul Western District Court on September 27, 2012, and completed the execution of the sentence at the Seocheon Prison on August 24, 2014.

[2] On June 17, 2016, around 15:10 on June 17, 2016, the Defendant driven a vehicle of approximately 2 km from the front of the apartment complex of Man-dong, Nam-dong, Incheon Metropolitan City to the front of the office distance of the Nam-dong, Nam-dong, Incheon, without obtaining a vehicle driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reporting (criminal history);

1. Articles 152 subparag. 1 and 43 of the Road Traffic Act, and the choice of fines for criminal facts (in majority of the previous crimes, recidivism during the same repeated crime period, and crime was not committed for about two years after release, considering that the crime of this case is a mere non-licensed driver);

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;