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(영문) 수원지방법원 안양지원 2018.10.05 2018고단1088
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal records] On May 18, 2018, the Defendant was sentenced to six months of imprisonment with prison labor due to a violation of the Punishment of Violences, etc. Act (joint injury) in the support for the development of the Sugwon method. The judgment became final and conclusive on August 17, 2018.

[Criminal facts]

1. On June 5, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a motor vehicle without obtaining a driver’s license on a around 20:21, 380 Mapo-ro, 4, 380 Mapo-ro, Sipo-ro, Gunpo-ro, and 380 Mapo-ro, in the vicinity of the apartment commercial zone.

2. The Defendant violated the Road Traffic Act, at the time and place set forth in paragraph 1, neglected to drive the said vehicle at the front and rear week, etc. at the time and place, and neglected to do so, the Defendant left the scene without providing personal information to the victim, even though he destroyed the said vehicle by shocking the part behind the Defendant’s vehicle at the front of the driver’s seat of the vehicle at ASEAN, which is owned by the victim D, which was parked in the said place due to his occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. A traffic accident report;

1. The driver's license ledger;

1. Previous convictions: Inquiry of criminal history, investigation report (in the continuation of an appellate trial), summary information of the case, and application of the text of the judgment;

1. Relevant legal provisions of the Act concerning facts constituting an offense, and Articles 152 subparagraph 1, 43 (Unlicensed Driving), 156 subparagraph 10, and 54 (1) (Provision of Personal Information after Damage to Vehicles), and selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act appears to be the attitude of recognizing and reflecting the crime of sentencing under Article 334(1) of the Criminal Procedure Act, the fact that a juvenile protective disposition was issued for the same crime, but there was no record of criminal punishment, or that a judgment of six months of imprisonment was rendered simultaneously with the crime of final judgment.

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