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(영문) 수원지방법원 2018.11.27 2018고단4916

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

Criminal facts

On August 11, 2018, the Defendant driven the ES5 car without a vehicle driver's license from around 3.6 km to the front road of the Do in the same city-owned zone D from the Do in front of the Do Association B located in Suwon-gu, Suwon-si, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger and the driver's license ledger;

1. Application of Acts and subordinate statutes governing enforcement photographs;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act has a record of being sentenced to a fine on several occasions due to drinking or non-licensed driving, and the defendant was sentenced to imprisonment for six years due to driving under the influence of alcohol in 2017 and was sentenced to a two-year suspended sentence for the pertinent crime during the suspended sentence period, and again committed the instant crime during the suspended sentence period.

The following favorable circumstances are also favorable to the defendant.

The defendant is deeply divided into and reflected in the crime of this case.

The instant crime did not cause any personal and material damage.

There seems to be some circumstances to consider the defendant's driving.

The defendant has no previous convictions of imprisonment.

In addition to the above circumstances, all of the sentencing conditions indicated in the records and theories of this case, including the Defendant’s age, sex, career, environment, background and consequence of the crime, the circumstances after the crime, etc., shall be considered, and the punishment shall be determined as ordered by the sentence of a fine only once in consideration of the circumstances favorable to the Defendant.