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(영문) 의정부지방법원 2017.12.06 2017고단3790
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On December 22, 2015, the Defendant was sentenced to a suspended sentence of two years in August 2, 2015 due to a violation of road traffic law (unlicensed driving) at the Seoul Northern District Court (Seoul Northern District Court). The judgment becomes final and conclusive on August 27, 2016 and is still under the suspended sentence.

On August 2, 2017, the Defendant driven a BSpo-type car without obtaining a driver’s license from approximately 10-12,000,000,000,000 from August 2, 2017 to around 183, 200,00,00,00 16:15,00,00,00,00,000,000,000,000,000,000,000,000,000,000.

On September 17, 2017, the Defendant driven a BSpo-type car without obtaining a driver's license from the section of about 100 meters from the road of around 181 to 3 183 o'clock in the Southyang-si Sea from the road of around 16:10 on September 17, 2017.

Summary of Evidence

"2017 Highest 3790"

1. Statement by the defendant in court;

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

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

1. A written statement of vehicle operation;

1. "The 2017 Highest 4257 Highest 4257" of the driver's license ledger;

1. Statement by the defendant in court;

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

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

1. A written statement;

1. "Prior record of judgment" of the driver's license ledger;

1. Application of a reply to inquiry, such as criminal history, investigation report (verification of the same type of force and the fact during the period of suspension of execution), six copies, such as judgment, and application of Acts and subordinate statutes to investigation report (verification of the same type of force, etc.);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. Selection of each alternative fine for punishment;

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. The Defendant’s crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is a driving without a license that has been committed annually with a weak month.

In addition, since 1999, the defendant has already been driving three times due to drinking, driving without a license, and driving once due to drinking, respectively.

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