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(영문) 수원지방법원 안산지원 2017.01.25 2016고단3773
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On October 1, 2016, around 07:47, the Defendant driven a dump truck from around 1km section of approximately 1km to that of the gyp truck, a Dong-gu, Ansan-si, Seoul Metropolitan Government, with no driver’s license, from the front of the gyp street to that of the gyp truck.

2. On October 14, 2016, around 07:47, the Defendant driven the dump truck without a motor vehicle driver’s license at approximately 2 km section from the Do adjacent to the shooting distance of the Handong-dong Training Institute for the members of Ansan-si to the front road of about 777 km-dong, Dongwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without any license;

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

1. The provision of subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, and the selection of fines concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order continued to commit the same kind of crime within the short period of time.

A serious punishment is required.

However, it is a mere non-licenseless driving, not a drinking driving.

The mistake is recognized and reflected.

In addition, all the sentencing conditions shown in the records and theories of this case, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, shall be determined as ordered by considering the following factors.

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