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(영문) 수원지방법원 성남지원 2018.04.26 2018고단89

도로교통법위반(무면허운전)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 21, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle on or around 23:35, driven a motor vehicle of Category C in the section of approximately 7 km from the 238-19 ridge to the front road of the Manpo-si, Manpo-si, Manam-si, Manam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is very heavy in light of the fact that the defendant driving a drinking without a license even though he/she is under suspension of execution due to drinking.

However, the punishment is determined as ordered by comprehensively taking into account all the factors of sentencing as shown in the records and arguments of this case, such as the fact that the defendant is against the defendant, the age, environment, sex, motive and means of the crime, and circumstances after the crime.