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(영문) 수원지방법원 평택지원 2016.08.19 2016고단1034

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 June 12, 2016, the Defendant collected from Pyeongtaek-si from North Korea on June 12, 2016.

From the front of the 915-24th road to the front of the 78-1 World Recycling Center, the C Kankni vehicle was driven without obtaining a driver's license in the section of about 2 km from the front of the 915-24th road.

Summary of Evidence

1. Statement by the defendant in court;

1. Police investigation report (report on the situation of driving without a license);

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act (determination on the application of sentencing guidelines) - Special cases should be strictly punished for a crime committed during the period of suspension of execution due to a violation of the Act (a crime committed during the period of suspension of execution). However, as an intermediate manager of the workplace to which he belongs, he/she is considered to have been driving without a license for the preparation of meals by employees who are peculiar to Sundays, and the circumstances may be considered in light of the circumstances, such as the health condition is not good, and the detention of the defendant is likely to impose an excessive burden on his/her family members, but a fine shall be selected by taking into account the following circumstances: 3,00,000 won, which is the statutory maximum amount, considering the record of punishment for non-licenseless punishment and the record of punishment for such suspension of execution.

It is so decided as per Disposition for the above reasons.