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(영문) 수원지방법원 안산지원 2016.11.17 2016고단3740
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[Criminal Power] On October 14, 2016, the Defendant was sentenced to a suspended sentence of two years on one-year imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving), etc., and the judgment becomes final and conclusive on the

【Criminal Facts】

On October 1, 2016, the Defendant, without obtaining a driver’s license at around 19:30 on October 1, 2016, driven a rocketing car from around 1km to the Hanyang Building Road in the same 531-5.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Previous records: Application of Acts and subordinate statutes to the accused's legal statement and investigation report (Attachment to concurrent judgments under the latter part of Article 37 of the Criminal Act);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. According to Articles 70(1) and 69(2) of the Criminal Act, the crime of this case was committed while the defendant was tried due to a crime for which judgment became final and conclusive, and the defendant was punished due to the same crime even around around 2014, etc., the nature of the crime is not good. However, in the meantime, the balance with the sentence that the defendant was sentenced when he was tried at the same time as the crime for which judgment on the crime of this case became final and conclusive should be considered; the defendant would not repeat the same crime in the future; the defendant will not repeat the same crime in the future; the prosecution's sentence (two million won of a fine) should be determined as ordered.

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