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(영문) 수원지방법원 여주지원 2017.12.22 2017고정345
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

From August 13, 2017 to October 1, 2017, the Defendant, even though the driver’s license was suspended, on August 14, 2017, operated the B-learning car owned by the Defendant from around 1 1 km to the road front of the branch office of the NAF-dong, Hacheon-si, Hacheon-si, the additional distance from August 14, 2017 to March 14, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. The criminal place;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Details of disposition of driver license suspension;

1. Copy of the prior notification to suspend driver's license;

1. Application of Acts and subordinate statutes on disposition suspending driver's license;

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

1. On the argument of Article 334(1) of the Criminal Procedure Act, the Defendant alleged to the effect that there was an error about the suspension period of a driver’s license, and thus, the Defendant was able to obtain a driver’s license on the day of the instant case. However, according to the records, the Defendant’s act of running his/her own business and visited several places, and thus, the Defendant’s act of running his/her motor vehicle by himself/herself or others can be acknowledged. The instant crime is not immediately performed, but is committed in a state where he/she is able to know about his/her act, and thus, a normative assessment is required as to whether he/she had intention. Thus, the Defendant’s assertion is not accepted.

The reason for sentencing is against his mistake, and there is no punishment other than the punishment once due to driving by drinking around 2017, taking into account all the conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, support relationship.

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