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(영문) 인천지방법원 2013.07.31 2013고단2957
도로교통법위반(무면허운전)
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

【Criminal Power】 On February 6, 2013, the Defendant was sentenced to two years of suspension of execution at the Incheon District Court for a crime of violation of the Road Traffic Act, which became final and conclusive on February 14, 2013, and is currently under suspension of execution.

【Criminal Facts” around 16:20 on May 14, 2013, the Defendant, without a driver’s license for a motor vehicle, driven a franchise-free motor vehicle from the front day of the Bupyeong-gu Incheon Bupyeong-dong, Bupyeong-gu, Incheon to the front day of the 370 G treatment Motor Vehicle Sales Store of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiry reports and investigation reports (a copy of judgment attached) including criminal records, etc.;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty for a crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant was sentenced to a suspended sentence of imprisonment for a drunk driving and again committed the instant crime even during the current suspended sentence period, but the nature and the criminal situation of the instant crime are not weak, but its mistake and reflects the fact that there is no record of punishment heavier than the fine due to driving without a license, support for a child suffering from mental illness, and all of the sentencing conditions, including the Defendant’s age, character and conduct, family environment, etc., shall be considered.

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