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(영문) 수원지방법원 2019.09.05 2019고단2272

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 April 15, 2019, at around 07:25, the Defendant driven a Drocketing car without obtaining a driver's license from the front of the community service center located in Gangseo-gu Seoul Metropolitan Government to the near road located in Seongdong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of statutes governing enforcement manuals;

1. Relevant statutory provisions for criminal facts and Articles 152 subparag. 1 and 43 of the Road Traffic Act, the choice of a fine (the defendant re-offendered during the period of probation, and the same criminal records are several times, etc.). However, considering the favorable circumstances such as the fact that the defendant seems to have committed a crime due to a serious fault, the fact that the defendant is a mere driver without a license, that the defendant supports his/her family, that the previous judgment of probation is revoked when the sentence is finalized, the sentence of a penalty against the defendant is somewhat harsh, and thus the decision of a fine is selected).

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;