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(영문) 수원지방법원 평택지원 2020.04.21 2019고단1542
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

[criminal power] On June 27, 2017, the Defendant issued a summary order of KRW 7 million for a crime of violation of the Road Traffic Act at the Jeonju District Court on November 20, 2018, a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (free license) at the same court on November 20, 2018, and on May 3, 2019, the Defendant was sentenced to the suspension of the execution for six months with imprisonment for the same crime, etc. at the same court on May 3, 2019, and the said judgment became final and conclusive on May 11, 2019 and is currently under the suspension period

【Criminal Facts】

On September 20, 2019, at around 21:58, the Defendant driven a D SP car without obtaining a license for driving a volume of 5m high.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, the selection of fines for the crime;

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

1. As seen earlier in the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, the Defendant was punished for driving under influence or without a license, and in particular, during the suspension period of the execution of punishment for driving under the immediately preceding driving under influence or without a license, and it is difficult to deny that the possibility of criticism needs to be strictly punished.

However, the following circumstances include: (a) the Defendant is led to confession and reflects in depth; (b) the family head of single parent who raises female 10 years of age alone; (c) the substitute driver was sent to the request of an acting driver who is not clearly identified in the place of departure; and (d) the movement distance is very short to five meters; and (e) other factors such as the Defendant’s age, character and conduct, environment, and circumstances after committing the crime, etc., the Defendant’s final punishment is to be imposed as a fine, and the sentence is to be imposed as ordered.

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