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(영문) 수원지방법원 2019.01.15 2018고단6277
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

At around 12:30 on October 17, 2018, the Defendant driven a Fchip car without a vehicle driver's license from the front of C, located in Suwon-si B, Suwon-si, to the roads near the E-cafeteria located in the same Gu D.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses, and car4;

1. Application of statutes on site photographs;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the defendant who was sentenced to a fine several times due to drinking or driving without a license and was sentenced to imprisonment for six months due to driving without a license on June 2018 and was sentenced to a two-year suspended sentence for the crime in this case during the suspended sentence period, and was committed again during the suspended sentence period, and thus, the defendant

However, there are circumstances that can be considered for the defendant as follows.

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.

The defendant seems to have been driving for living due to economic difficulties.

The defendant has no previous convictions of imprisonment.

The defendant has to support his or her wife and healthy children.

In addition to the above circumstances, considering the Defendant’s age, character and conduct, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime, etc., the sentence shall be imposed only once in consideration of the circumstances favorable to the Defendant, and the sentence shall be determined as ordered.

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