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(영문) 인천지방법원 2020.11.24 2020고단4428
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

When anyone who has obtained a student license drives along the road, he/she shall board the road along with the person for whom two years have passed since the date on which he/she obtains a driver's license and take the guidance therefor

Nevertheless, at around 15:55 on February 14, 2020, the Defendant, while obtaining only a student license from around 50 meters from the front of Seo-gu Incheon apartment to the front of the Seo-gu Office, Seo-gu Office, Seo-gu, Incheon, was driving without violating the rules to be observed by the person holding the practice license.

Summary of Evidence

1. Defendant's legal statement;

1. The driver's license ledger;

1. Reporting on detection (limited to the application of Acts and subordinate statutes for violating the Road Traffic Act);

1. Relevant Article of the Act on Criminal Facts, Articles 153 (1) 7 and 80 (3) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant drives a vehicle while a driver's practice license is revoked due to drunk driving, and thus the quality of the crime is not good. However, the defendant's mistake is recognized and there is no record of driving experience of the defendant, and there is no record of being punished or a fine exceeding the same kind of crime, and the defendant's age, character and conduct and environment, motive, means and consequence of the crime, circumstances after the crime, etc. are considered and the punishment is determined as ordered by the order.

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