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(영문) 서울중앙지방법원 2015.11.27 2015고단5523

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 May 28, 2014, the Defendant was sentenced to two years of the suspended sentence in August 16, 2014 by the Incheon District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the violation of the Road Traffic Act, and is still under the suspended sentence as of October 16, 2014.

On September 4, 2015, the Defendant, without obtaining a driver's license, driven B car in the section of about 1km from around the subway 7, which was located in 102, Gangnam-gu, Seoul, Gangnam-gu, Seoul, to the roads near the subway 2, which were located in the subway 396, as Gangnam-gu, Gangnam-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. A driver's license inquiry;

1. Previous records: Criminal records, etc. inquiry reports and investigation reports (verification of the facts of suspension of execution for the same criminal records) Acts and subordinate statutes;

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 of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order is that the defendant is under heavy liability by driving the case without a license during the period of suspended execution due to his previous conviction

However, in consideration of the fact that the defendant's mistake is divided and the defendant who is unable to be sentenced to a suspended sentence is likely to be unable to maintain his/her livelihood if he/she is sentenced to a suspended sentence, he/she shall be sentenced to a fine without choosing imprisonment only once