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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
On July 23, 2018, around 08:00, the Defendant driven an EfranTG car without obtaining a driver's license from around 6 km section from the front of the Masan-si, Changwon-si, Muwon-si, to the roads near D located in the Changwon-si, Muwon-si, Muwon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the statutes on the register of driver's licenses;
1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same 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 to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the criminal defendant committed a violation of the Road Traffic Act on five occasions.
In addition, the suspension of the execution of imprisonment is two times even before the sentence is sentenced.
Nevertheless, the Defendant committed the same offense.
Thus, there is no circumstance to reduce the defendant's opening to consider more.
Furthermore, the Defendant, despite such repeated re-offending of the same kind as above, was subject to a summary order order order order notification by an investigative agency and a trial agency, and even if the fine is more than the fine already received for the same crime (2.5 million won), the Defendant was merely a fine of two million won, which was lower than the fine already received for the same crime. However, the Defendant’s mistake was recognized, and the Defendant’s request for formal trial is not accepted, and it does not seem to have been anti-competence.
Considering these circumstances, the amount of fine for a summary order alone cannot sufficiently achieve the purpose of punishment against the defendant.
Therefore, on the basis of Article 457-2 of the Criminal Procedure Act, the fine shall be increased and the sentence shall be determined as ordered.