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(영문) 서울동부지방법원 2018.06.05 2018고정399
도로교통법위반(무면허운전)등
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

1. On July 18, 2017, the Defendant, at around 15:40 on July 18, 2017, driven a car with Csch Rexroth without obtaining a driver’s license in the section of approximately 25 kilometers of Gangdong-gu Seoul, Gangdong-gu, Seoul, for approximately 86 kilometers.

2. On July 18, 2017, the Defendant issued a first class ordinary driver’s license for the same worker E, who was in possession of the vehicle without obtaining a driver’s license on July 15:40, 2017, and was discovered to be a suspended vehicle due to the vehicle being driven without obtaining a driver’s license on the same in Gangdong-gu, Gangdong-gu, Seoul (Seoul, Kimpo-dong, Kimpo-dong) and was asked to produce a driver’s license on the part of the person who was in possession of the police station affiliated with the Gangseo-dong police station, and was anticipated to be exposed to non-exclusive driver’s license.

Accordingly, the defendant did not use official documents in the name of the Seoul Regional Police Agency.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of a report on detection of an offender, a photograph, and vehicle photography statutes;

1. Relevant Article 230 of the Criminal Act, the choice of punishment for the crime, Article 230 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, the selection of fines for the crime;

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. In light of the sentencing conditions indicated in the trial of this case, it does not seem that the amount of fine specified in the summary order is excessive even considering the following: (a) there are multiple records of criminal punishment on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to the accused for the same offense; and (b) the quality of the offense is bad by presenting another person’s driver’s license.

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