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(영문) 수원지방법원 2018.07.10 2017고단4850

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 18, 2017, at around 11:40, the Defendant driven B Poter cargo vehicle without obtaining a driver's license from around 1 1 km section from the Sejong-dong road in Suwon-si to the 138rd road in Suwon-si, Suwon-si.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Voluntary accompanying report, on-site photographs;

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. The instant crime with the reason for sentencing under Article 334(1) of the Criminal Procedure Act was committed on January 20, 2016 on the ground that the Defendant, whose driver’s license was revoked due to driving under drinking on the ground of his/her driving under the influence of alcohol on January 20, 2016, and the nature of the crime is not less than that of the Defendant, and the Defendant was discovered to drive under drinking on December 2015 and was punished by a fine after the revocation of his/her driver’s license and being discovered to have been sentenced to a fine on April 2016.

However, the defendant recognized the crime of this case in the course of investigation and divided his mistake, and the defendant was punished for driving without a license two times in addition to the punishment for driving without a license and driving without a license as above. However, in 2005 and 2006, it has passed at least ten years from the date of the crime of this case, and the defendant has no record of being punished for a suspended sentence or heavier for other crimes, and the defendant has no record of being punished for a suspended sentence or heavier for other crimes, and the punishment as ordered shall be determined by taking into account the various circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., as stated in the records.