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Reasons
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(영문) 춘천지방법원 2019.09.05 2019고단631
도로교통법위반(무면허운전)
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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around 10:10 on June 12, 2019, the Defendant, without obtaining a driver’s license for a motor vehicle, driven approximately KRW 20 km C salary class 3 km from Hongcheon-gun, Hongcheon-gu, Hongcheon-gu, Hongcheon-do, to the Namsan-gu, Hongcheon-gu annual salary.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of the following provisions, the register of driver's licenses, and on-site control photographs and photographs;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment;

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 order of provisional payment is that the defendant has a criminal record of a fine on several occasions due to drunk driving (2010, 2012) or a suspended sentence of imprisonment (2014, 2018). Nevertheless, the fact that he/she drives without a license during the suspended sentence of imprisonment due to drunk driving is disadvantageous to the defendant.

However, the fact that the Defendant did not have the record of punishment due to driving without a license, that some of the circumstances that the Defendant asserts are to be considered in the course of the crime, that the Defendant seems to have recognized and against all his own crimes, and that there is no additional damage to others due to driving without a license, etc. are favorable to the Defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the age, character and conduct, environment, motive and background of the crime, the result of the crime, and the circumstances after the crime.

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