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(영문) 수원지방법원 안산지원 2016.08.31 2016고단2111
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of 4.5 million won.

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

Reasons

Punishment of the crime

On May 27, 2016, the Defendant driven B car sirens at a section of about 2 km from the middle school in the Si-ri-ri-ri Si to the front of the same Si-dong east-dong east-dong east-dong east-dong east-dong east-gu without obtaining a driver's license around 23:00 on May 27, 2016.

On July 20, 2016, the Defendant driven a CK5 vehicle without obtaining a driver's license in the section of approximately 30 meters in front of the 78 Nei-dong-ro 78 Ne-ro 78 Ne-dong, Ansan-si, a member of Ansan-si on July 20, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. In light of the pertinent legal provisions on criminal facts and Articles 152 subparag. 1 and 43 of the Road Traffic Act (the selection of punishment: drinking without a license: driving without a license during the suspension period due to drinking or driving without a license) and the fact that two cases are combined and tried by being tried as a result of concurrent driving on the day of the open trial date, the defendant should be sentenced to strict punishment, but he should not drive without a license again while against the fact that there is a family member to support.

It seems that there are circumstances to consider driving in the second without a license, and it seems that the suspension of the execution is invalidated due to a mere non-licenseless driving, and it seems that the defendant would be somewhat harsh to impose a fine for a considerable period of time, taking into account the fact that it seems that the defendant would be somewhat harsh to impose a fine only once).

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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