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(영문) 수원지방법원 안산지원 2020.01.31 2019고단4600
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Text

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

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

Reasons

Punishment of the crime

On August 17, 2017, the Defendant, at around 13:37, 2017, passed toTol by driving a vehicle for freezing B, freezing II, without installing a sub-radio terminal in the Incheon International Airport Expressway, located in 1048 as the enclosed water of the Seo-gu Incheon, Seo-gu, Incheon, Incheon, the Defendant did not pay KRW 6,600.

In addition, the Defendant did not pay an aggregate of KRW 428,90,00 over 78 times in total, as shown in the list of offenses, from August 5, 2019 to August 16, 47, 2019.

In the end, the defendant did not pay the price by illegal means, and acquired property benefits by using pay automatic equipment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes on the unpaid details of Incheon International Airport Expressway;

1. Relevant Article 348-2 of the Criminal Act and the choice of fines for the crimes;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. A favorable circumstance is that the Defendant’s reasons for sentencing under Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) did not have much profits, and that there was an agreement with the victim.

However, the period and frequency is considerably significant, the suspension of indictment was imposed once for the same kind of crime, and the punishment of a fine was imposed for the same kind of crime thereafter, and the crime in this case is continuously committed, and it appears that the continuous criminal was committed even during the course of investigation. In addition, the punishment is determined as ordered by taking into account all factors of sentencing as shown in the argument of this case, including the defendant's age, character and behavior, environment, motive and means of the crime, result, circumstance after the crime, etc.

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