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(영문) 수원지방법원 2017.06.13 2017고단1518

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 October 13, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Road Traffic Act (unlicensed Driving) in the Suwon District Court’s Pyeongtaek District Court on October 13, 2016, and was sentenced to two years of suspension of execution for October, 2016, and the said judgment became final and conclusive on October 21, 2016.

On March 16, 2017, the Defendant driven a CK7 vehicle without obtaining a driver’s license from the front of the protective observation office located in the Dong in Suwon-si, Suwon-si to the front of the protective observation office located in the Dong, to the front of about 500 meters prior to the 593 front of the 593 front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (as a result of confirmation of the same kind of power, etc.);

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting a crime;

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

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is a case where the defendant drives a vehicle without a driver's license and the quality of the crime is not good. The defendant was sentenced to a suspended sentence of ten months due to a violation of the Road Traffic Act and a violation of the Road Traffic Act, and was sentenced to a suspended sentence of two years due to a violation of the Road Traffic Act and the violation of the Road Traffic Act, and was committed the crime of this case, the defendant is not aware of it during the suspended sentence. In light of the circumstances, the necessity of strict punishment corresponding to his responsibility is recognized.

However, on the other hand, the defendant has no particular criminal history other than being sentenced to a fine twice as the same traffic crime, such as the crime of violating traffic laws (drinking driving), since the defendant led to the confession of the crime of this case, the defendant did not cause any other damage such as traffic accidents, the defendant has been sentenced to a suspended sentence once. In light of the criminal history, character and conduct of such defendant, CK7 car holding relationship, etc., the recidivism of the same kind of traffic crime will be made in the future.