(영문) 의정부지방법원 2017.04.25 2016고단4647

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(영문) 의정부지방법원 2017.04.25 2016고단4647

도로교통법위반(무면허운전)

Text

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

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

Reasons

Punishment of the crime

[criminal history] On August 26, 2010, the Defendant was sentenced to a suspended sentence of 4 months for a violation of the Road Traffic Act (unlicensed Driving) at the Jung-gu District Court on the same month, and was sentenced to a suspended sentence of 6 months for a crime of violation of the Road Traffic Act (unlicensed Driving) in support of Sung-nam Branch of Suwon Friwon on December 1, 2016, and was sentenced to a suspended sentence of 2 years for the same month.

9. The judgment became final and conclusive.

[Criminal facts] On October 28, 2016, the Defendant did not obtain a driver’s license for a motor vehicle on or around 16:00 on October 28, 2016, and driving a B Cost Star motor vehicle from approximately 3 km to the same 502 U.S. road from the 182 U.S. to the 502 U.S. government-si.

Summary of Evidence

1. Statement by the defendant in court;

1. License register;

1. Application of a reply to inquiry, such as criminal history, three copies of the summary order, two copies of the judgment, the text of the judgment, and the search details of the case;

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting a crime, the selection of fines, and the selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for and unfavorable circumstances of sentencing under Article 334(1) of the Criminal Procedure Act: Unlicensed driving before and after five times (including the previous convictions that have a relationship after Article 37 of the Criminal Act), conditions before and after the same suspension of execution, and conditions favorable to the case where a judgment is made, shall take into consideration the reflectivity, equality with the case where a judgment is to be rendered concurrently with a crime of violating the Road Traffic Act (unlicensed driving). Determination of a sentence and a sentence of the scrapping of a motor vehicle used for the pertinent non-licensed driving: Other factors such as the defendant's age, sex behavior, environment, motive for and circumstances after the crime, etc.

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