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(영문) 서울중앙지방법원 2020.05.08 2020고단2236

도로교통법위반(무면허운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

Around 06:17 on January 13, 2020, the Defendant driven D Kan-Engine on the front road of Seongbuk-gu Seoul, Jongno-gu, Seoul, without obtaining a driver's license, at approximately 6.7 km from the front road of Jongno-gu Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Application of Acts and subordinate statutes on vehicle photographs, the register of driver's licenses, mandatory insurance, and the registration of car cars;

1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of fines and the selection of fines for the crime;

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

1. On November 19, 2019, the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, who was sentenced to a suspended sentence of two years for violating the Road Traffic Act at the Seoul Northern District Court on November 19, 2019, and was sentenced to a suspended sentence of two years on November 27, 2019, and the said judgment became final and conclusive on November 27, 2019, and thus, was committing the instant crime, there is no need to punish the Defendant.

However, considering such circumstances as the Defendant’s age, character and conduct, environment, motive and consequence of the crime, etc., such as the Defendant’s age, character and behavior, motive and consequence of the crime, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstance after the crime, the Defendant shall be sentenced to a fine, and the sentence of a fine among the statutory penalty shall be imposed.