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(영문) 인천지방법원 2016.10.12 2016고단4358

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

[criminal power] On May 7, 2014, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (unlicensed Driving) at the Incheon District Court on May 7, 2014, and the same court on May 7, 2015 was sentenced to imprisonment of eight months and a suspended sentence of two years for the same crime, etc., and the judgment becomes final and conclusive on May 7, 2015, and is

【Criminal Facts】

On June 15, 2016, the Defendant, without obtaining a driver’s license at around 11:53, driving a 7 km Dam 5 car from the front day of the 760-5, Bupyeong-gu, Incheon, Seoyeong-dong, to the front day of the Seoan-dong, Nam-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, criminal investigation reports, application of 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 a fine for a crime (in the event of a crime committed during the suspension of execution due to the same criminal act, it seems somewhat harsh that the suspension of execution is invalidated in light of the facts of the crime in this case and the details of the crime in this case and the circumstances of driving);

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;