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(영문) 의정부지방법원 고양지원 2015.09.22 2015고단2060

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 August 27, 2015, the Defendant was sentenced to one year to imprisonment with labor for a crime, such as violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Dok-gu) in the Goyang Branch of the District Court, and the said judgment became final and conclusive around that time. On June 8, 2015, the Defendant driven B Poter truck on the front side of the two complexes of Goyang-gu 2203 Sungsan-si Dive Village 2203, Goyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, and a driver’s license inquiry;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation report-related Acts and subordinate statutes;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the selection of fines for crimes (see the following reasons for sentencing):

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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 is that the defendant is tried for a crime such as violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and again, he/she is in need of strict punishment.

However, if the defendant has recognized his mistake and is divided, and there is a crime which has not been adjudicated among concurrent crimes, the punishment shall be determined by a fine as above in consideration of the purport of Article 39(1) of the Criminal Act which provides that if the crime and the crime for which judgment have become final are judged concurrently, the punishment shall be imposed in consideration of equity in the case of judgment.