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(영문) 광주지방법원 2019.06.25 2019고단1354

도로교통법위반등

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A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 200,000 won.

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

Reasons

Punishment of the crime

1. On April 18, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) at approximately 8 km section from the north-gu, Gwangju, to the roads near the D elementary school located in the same Gu C, and driving the E-wing truck without obtaining a driver’s license.

2. The Defendant violated the Road Traffic Act, while driving a sealed truck on the day and around the day specified in paragraph (1) and driving a road near the D Elementary School located in Gwangju Northern-gu C, the Defendant attempted to escape without providing the victim with personal information, following the driver’s seat of the parked Karen car owned by the victim F, by taking the part front of the Karen car driving seat of the parked Karen car, which was damaged by the front part of the cargo vehicle and thereby damaging the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident report;

1. Report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant Article of the Act concerning the crime, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, the choice of punishment, and Article 156, subparagraph 10 of Article 156, and Article 54 (1) 2 of the Road Traffic Act (the provision of personal information and the selection of fines after the damage of parking vehicles);

1. Aggravation of concurrent crimes under the former part of Article 37 and Article 38 (1) 3 of the Criminal Act (Concurrent Imposition of Imprisonment and fine);

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 of the provisional payment order is 18 criminal records against the defendant (one actual sentence and four suspended sentence for imprisonment), and most of the criminal records are due to drinking, driving without a license, or traffic accident (including a driving without a license).

Nevertheless, a sentence of a fine is imposed in that the defendant has damaged another person's vehicle while driving without a license at another time and escaped.

However, it shall be considered favorable to the elderly, the defendant's disposal of the vehicle, etc., and other motives for driving without a license, the place and distance of driving without a license, and the crime.