(영문) 수원지방법원 2019.01.15 2018고단6148

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(영문) 수원지방법원 2019.01.15 2018고단6148

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

around 21:09 on October 7, 2018, the Defendant driven a car with approximately KRW 500 meters from the front of the B apartment in Osan City to the front road in the same city C, without a car driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the license ledger and the next enemy inquiry ledger;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was sentenced to a four-time fine due to drinking or driving without obtaining a license, and the defendant was sentenced to a two-year suspended sentence in August, and was sentenced to a two-year suspended sentence and again committed the instant crime during the suspended sentence period.

However, there are circumstances that can be considered for the defendant as follows.

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

The instant crime did not cause any personal and material damage.

The defendant has no previous convictions of imprisonment.

When the defendant is economically difficult, he supports his father and her parents, and is currently in the recent scheduled marriage.

In addition to the above circumstances, the following conditions are taken into account: the Defendant’s age, character and conduct, career, environment, background and consequence of the crime, and the circumstances after the crime, and all of the sentencing conditions indicated in the instant records and pleadings; however, the sentence shall be imposed at once in consideration of the circumstances favorable to the Defendant, and the sentence shall be determined as ordered.

참조조문

유사 판례

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