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(영문) 대전지방법원 홍성지원 2017.12.21 2017고정309
도로교통법위반(무면허운전)
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Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a C car.

From February 11, 2017 to March 22, 2017, the Defendant driven the said car at a section of about 50km from the 08:10 on March 3, 2017, the effect of the driver’s license was suspended, and around 08:10 on March 3, 2017, the Defendant driven the said car at a section of about 50km from the Hacheon-si-si to the front road of the Gyeonggi-do Senior Citizens Specialized Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs taken by a Handphone;

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

1. Notice Disposition / i.e., deep management, and application of statutes on disposition of driver license suspension;

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 defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, was unaware of the fact that his/her driver's license was suspended in this court.

The argument is asserted.

However, on December 6, 2016, the Defendant received a notice of decision on the suspension of driver's license taken by a wife with a smartphone and confirmed it by a text camera, but operated without the license even though there was a document to confirm it.

The defendant also has the same criminal records and one time.

The defendant is not in good economic situation, such as receiving a decision to commence individual rehabilitation.

In addition, in consideration of the age, sex and environment of the defendant, motive, means and result of the crime, the conditions of sentencing as shown in the pleadings of this case, such as the circumstances after the crime, etc., the punishment as ordered shall be determined.

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