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(영문) 수원지방법원 성남지원 2020.05.14 2020고단476
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 16, 2020, at around 15:20, the Defendant driven an Eone Star Co., Ltd without obtaining a driver's license from around 3 km to the neighboring road of Gangnam-gu Seoul Metropolitan Government C Hospital.

Summary of Evidence

1. Application of Acts and subordinate statutes to the ledger of driver's license, such as details of enforcement of the defendant's legal statement, statement of vehicle operation, enforcement field photograph, 112 reported case register;

1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of fines and the selection of fines for the crime;

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

1. The Defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, again committed the instant crime of driving without a license even though he had five times the record of punishment for driving without a license.

However, considering the fact that the defendant is against the defendant, that the defendant is old and healthy, that the records of punishment for driving without a license are relatively old, it shall be considered in favor of the fact that the defendant's age, character and behavior, environment, motive and means of crime, etc., and the punishment shall be determined as per the order by taking into account the conditions of sentencing under Article 51 of the Criminal Act.

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