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(영문) 춘천지방법원 영월지원 2019.09.03 2019고단210
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 15, 2019, at around 07:50, the Defendant driven a motor vehicle in the E-Indoor-gun B without obtaining a driving license from a vehicle driving license at approximately 2.3km section from around 2.3km to the front parking lot of the “D” office located in the Defendant’s dwelling in Pyeongtaek-gun B, Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Application of control manuals, the ledger of driver's licenses, and the provisions of Acts and subordinate statutes concerning car screening;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment: Fines of 50,000 to 3 million won; and

2. Scope of recommending types: Setting of unspecified sentencing criteria.

3. The Defendant, who was sentenced on February 20, 2018, was sentenced to a suspended sentence of two years on February 28, 2018 by imprisonment for one year due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) in the Youngcheon District Court’s Monthly Support, and the said judgment became final and conclusive on February 28, 2018.

In this respect, there is a high possibility of criticism against the defendant.

However, the sentence is not imposed in consideration of the fact that the defendant was recognized to commit a crime and the criminal records other than the above suspended sentence are the criminal records for 20 years, and the conditions of sentencing are comprehensively considered in light of the defendant's age, character and conduct, environment, motive and circumstance of the crime and circumstances after the crime.

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