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(영문) 서울중앙지방법원 2021.01.11 2020고정1455
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

On April 14, 2020, around 15:00, the Defendant driven a motor bicycle at approximately 2 km section from the Do near Geumcheon-gu Seoul to the front road of Gwanak-gu Seoul Special Metropolitan City without a motor device bicycle driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Inquiry of administrative disposition of the main office, prior notification of disposition of suspension of driver's license, notification of decision of suspension of disposition, issuance of temporary driving certificate, details of disposition of suspension of driver'

1. Application of Acts and subordinate statutes reporting the circumstances of driving without licenses;

1. Article 154 of the relevant Act and Articles 154 subparagraph 2 and 43 of the Road Traffic Act concerning the facts constituting a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [the scope of punishment] The punishment amounting to 50,000 won or more to 300,000 won [the sentence] 200,000 won or 200,000 won acknowledges and reflects the defendant's wrongness, and the occurrence of traffic accident due to the driving without a license in this case is not led to the occurrence of traffic accident. While there are favorable circumstances for the defendant, prior to the instant case, there is a history of criminal punishment due to the violation of the Road Traffic Act due to driving without a license or drinking, the risk of recidivism is high, and there are other unfavorable circumstances for the defendant, such as the defendant's age, sex, environment, economic condition, details and motive of the crime, means, results, etc., and the circumstances after the crime, etc., the punishment shall be determined as per the order.

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