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(영문) 수원지방법원 여주지원 2016.06.21 2016고단396
도로교통법위반(무면허운전)
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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 7, 2015, the defendant was sentenced to imprisonment with labor for a violation of the Road Traffic Act (unlicensed Driving) in the support of the Friwon of Friwon on April 7, 2015 and is still under suspension of execution for six months.

On April 3, 2016, at around 15:50, the Defendant driven a passenger car with the body of Grand City without obtaining a driver’s license from around 1.5 km section from the inn hot spring front of the river located on the same side to the front road of the river middle school located on the same side.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

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 does not require to be sentenced in consideration of the unfavorable circumstances, such as the fact that the defendant committed another crime in the instant case during the period of probation, even though he/she had been sentenced to a fine and suspended imprisonment for the same kind of crime.

However, in consideration of the fact that the defendant's criminal act was committed, the defendant committed all the community service order ordered in the judgment of the first head of the crime, and that the defendant complied with the guidance and supervision of the protection observation officer, it seems that the defendant inevitably driven without a license, and that the defendant sold the above vehicle to avoid driving until he obtained a driver's license, and other favorable circumstances such as selling the above vehicle, and other minor's children who need support by the defendant, are judged as above.

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