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(영문) 의정부지방법원 2016.03.31 2015고단4195
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 23, 2013, the Defendant was sentenced to three months of imprisonment due to a violation of road traffic law (unlicensed driving) at the Jung-gu District Court on July 23, 2013, and the execution of the sentence was terminated at the Jung-gu District Court on October 22, 2013. On January 29, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (protruding vehicles) at the Jung-gu District Court on February 1, 2016.

On October 6, 2015, the Defendant driven a vehicle C in the section of about 15 km from the construction site at which the names of Yang-gu, Yangyang-gun, Yangyang-gun, Yangwon-gun cannot be known, to the front side of the North Korean Public Security Center in Chuncheon-si, Seocheon-si, Seocheon-si, the Defendant driven a vehicle C in the section of about 15 km without the driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (report on the confirmation of repeated crimes);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The circumstances favorable to the defendant who already been punished several times due to drinking and driving without a license, etc., during the period of repeated crimes, are in a concurrent crime relationship between the defendant and the latter part of Article 37 of the Criminal Act; the punishment shall be determined as ordered in consideration of all the sentencing conditions, such as the defendant's age, sexual behavior, environment, motive and means of the crime, circumstances after the crime, etc.

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