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수원지방법원 2019.09.19 2019고단3044

Defendant shall be punished by a fine of KRW 6,000,000.

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


Punishment of the crime

[criminal power] The Defendant was sentenced to a suspended sentence of two years in the period of eight months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court around February 22, 2018, and the said judgment became final and conclusive on March 3, 2018 and is currently in the grace period.

【Criminal Facts】

1. Around 10:00 on February 17, 2019, the Defendant, without a driver’s license, driven a car free of charge (free license) of approximately 400 meters on the front of the road in the etern B. B.

2. The Defendant violating the Resident Registration Act is driving without permission at the date and place mentioned in paragraph (1).

D's driving Eland car and passenger car were caused by accident, and F's identification was confirmed to the defendant at the accident site according to the above D's 112 report, and F's identification number (H) was sent to the above police officer due to concern about the occurrence of driving without a license.

Accordingly, the defendant used another person's resident registration number unlawfully.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on the occurrence of traffic accidents and the register of driver's licenses;

1. Previous records: Criminal records, results of inquiry, and application of Acts and subordinate statutes to the requisite agreements, auxiliary outputs of the case;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a sentence, Article 37 subparagraph 10 of the Resident Registration Act (the point of illegally using resident registration numbers) and the selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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 committed the crime of driving without a license in this case without being familiar with the previous and two times during the period of suspension of execution, and used another person's resident registration number to be exempted from criminal punishment, and it is not good that the crime is committed.

However, the defendant has been led to confession and his mistake.