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(영문) 의정부지방법원 2019.07.03 2019고단1748
도로교통법위반(무면허운전)
Text

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

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On March 28, 2019, at around 16:20, the Defendant driven a Baki Motor Vehicle B without a car driver’s license on a section of about 10km from March 28, 2019 to the front road of about 35 km in the Seoul Southern-si Highway (Guri-ri-ri-ri-ri-ri-ri-ri-si).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant legal provisions concerning facts constituting an offense and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act which choose a penalty;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order has a record of having been punished several times for the same kind of crime, such as drinking and unlicensed driving, etc.

Nevertheless, the crime of this case was committed without a driver's license.

However, it shall be considered in favor of the defendant who recognizes the crime and reflects it.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.

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