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(영문) 제주지방법원 2017.09.06 2017고단948
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

Punishment of the crime

[criminal history] On June 14, 2002, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (unlicensed driving) at the Incheon District Court on June 14, 2002, a fine of one million won for the same crime at the same court on June 21, 2005, and a fine of four million won for a violation of the Road Traffic Act (unlicensed driving) at the same court on January 3, 2011, respectively. On January 21, 2016, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act (drinking driving) at the Southern Branch of the Gwangju District Court on the other branch of the Gwangju District Court on January 21, 2016, and was sentenced to two years for a suspended sentence as of June 29,

[2] On March 24, 2017, around 06:45, the Defendant: (a) driven a liquid sports vehicle C without a driver’s license from around 3km to the north-ro, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, to the 45-day road.

Summary of Evidence

1. Statement by the defendant in court;

1. To inquire into the ledger of driver's licenses, chassis, and mandatory insurance;

1. Investigation report (as to the circumstances leading up to the crackdown on driving without a license)

1. Previous conviction: Application of a reply to inquiry, such as criminal history, each investigation report (the attachment of a previous conviction for driving without a license for driving alcohol, a copy of the summary order and the judgment, and the confirmation date of recommendations for driving alcohol) to statutes;

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act applicable to the crime and Article 152 Subparag. 1 and Article 152 of the Act on the Selection of Punishment, etc. (Article 152 of the Road Traffic Act provides that although the defendant is under the suspension of execution due to a crime of violating the Road Traffic Act, it is somewhat harsh to select imprisonment that is able to invalidate the suspension of execution due to a mere non-licenseing driving. Accordingly, the defendant shall comply with the traffic-related Acts and subordinate statutes and provide

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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