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(영문) 수원지방법원 2017.07.11 2017고단1689
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

Criminal facts

On March 19, 2017, the Defendant, without obtaining a driver’s license, driven a motor vehicle with approximately 10km of 10km from the front side of the community hall located in the non-furnal rith of the non-furnal at the time of harmony to about 52 degrees from the front side of the community hall to the front side of the 52-way in the time of harmony.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the register of tea and 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. Circumstances favorable to the defendant in sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

The defendant seems to have been driving for his livelihood with the farmer's death.

The defendant has no previous convictions of imprisonment.

Most of the criminal records of the defendant are due to drinking driving, and the records of punishment for driving without a license are only twice. The defendant has a physical disability and is in the position to support his family including his wife.

Circumstances unfavorable to the defendant are as follows:

Defendant was sentenced to a fine of KRW 1 million due to driving without a license in 2016, and was sentenced to imprisonment for 6 months with prison labor for drinking and driving without a license in 2016, and was sentenced to two years of suspended sentence during the suspended execution period, and again committed the instant crime during the suspended execution period.

The defendant has been punished by a fine several times due to drinking driving.

In addition to the above circumstances, in consideration of the Defendant’s age, sex, career, environment, circumstances after the commission of the crime and the circumstances after the commission of the crime, the punishment as ordered shall be determined by taking into account all the sentencing conditions as indicated in the instant records and arguments.

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