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(영문) 서울중앙지방법원 2020.03.27 2020고단1344
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of three million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On December 30, 2019, the Defendant driven a car from the Gangnam-gu Seoul Metropolitan Government B apartment without obtaining a driver's license on December 30, 2019 to the front of the D elementary school located in Seongbuk-gu, Sungnam-si, Sungnam-si, with approximately 16.5 km of 16.5 meters Ebenz E400.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Personal information on smart citizens (influence and retaliationed driving);

1. Each CD;

1. Each report on internal investigation:

1. The registration ledger of driver's licenses (A) and the application of statutes concerning disqualifications for licenses;

1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of fines and 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. On April 9, 2019, the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was sentenced to two years of imprisonment for a violation of the Road Traffic Act at the Seoul Western District Court on April 9, 2019, and the above judgment became final and conclusive on April 17, 2019, and thus, the instant crime was committed during the current suspension period, and thus there is no need to punish the Defendant. However, even though the Defendant is in depth and reflects the Defendant’s criminal act, the instant crime is merely a simple driving, not a drunk driving, and thus, it is harsh to sentence the Defendant. Accordingly, the Defendant is sentenced to a fine, and the final sentence on a fine among the statutory penalty is to be sentenced.

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