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(영문) 춘천지방법원 강릉지원 2017.11.23 2017고단1105
도로교통법위반(무면허운전)
Text

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

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

Reasons

Punishment of the crime

[2017 Highest 1105] On August 23, 2017, the Defendant driven a fwing freight vehicle B without obtaining a driver’s license from around about 1 1 km to the front road of the East Sea Highway, which is located in the village of the same Si, from the 10:10 Sim Seo-dong, Simsan-ri, Geumcheon-si, Simsan-si to the same Simsan-si.

[2017 Highest 1230] On September 26, 2017, the Defendant, from the road 14-9 to the 14-9 Special Self-Governing Dopon Doppon-ro of Gangseo-gu, Gangwon-do, Seoul Special Metropolitan City on September 26, 2017, the Defendant again driven a B-wing Dop truck without obtaining a driver’s license in the section of about 18 Km from the 14-9 Special Metropolitan Citypon-ro to the 14-9 Special Metropolitan Citypon-dopon-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the arrest of the suspected victim;

1. Arrest report on the occurrence of the case and report on the situation of unlicensed driving;

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

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting a 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act had been punished twice as the same kind of crime, the fact that the defendant committed the crime of this case is disadvantageous to the defendant. However, considering the circumstances favorable to the defendant, the fact that the defendant recognized the crime of this case and reflected against the defendant, and the circumstances favorable to the defendant, the punishment is determined as ordered by comprehensively taking into account all the factors such as the defendant's age, environment, sex, motive and means of the crime, and circumstances after the crime.

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