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(영문) 인천지방법원 2018.10.08 2018고단5972
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

On August 3, 2018, around 07:50 on August 3, 2018, the Defendant driven a DNA cargo vehicle without obtaining a driver's license from the front of the post office of the strengthening Eup of Incheon, to the front of the cafeteria located in Incheon, the 5km section from the front of the office of the strengthening Eup of Incheon, to the front of the

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on license ledger;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is a case where the defendant drives a cargo vehicle without a driver's license. The defendant has already been subject to criminal punishment several times due to the same kind of crime, and in particular, committed the crime of this case during the period of repeated crime of violation of the Road Traffic Act (driving of alcohol), which is disadvantageous to the defendant.

On the other hand, the defendant recognized the crime of this case and against the mistake, the previous previous previous previous criminal records [the previous previous criminal records of the violation of the Road Traffic Act (non-licensed driving)] are around 2011 and there was no record of criminal punishment due to a non-licensed driving for the last seven years, and did not cause any traffic accident involving personal and material damage during the driving without a license, and the paper want the defendant to be able to take the preference against the defendant, and the defendant will not drive without a license again.

It is hard to say that it is favorable to the defendant.

In full view of the above circumstances and all of the sentencing conditions as shown in the arguments in this case, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment shall be determined as ordered.

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