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(영문) 의정부지방법원 2019.10.16 2019고단2230
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 April 4, 2019, the Defendant, without a driver's license on April 15:11, 201, driven a Category D car driving from about 1 km to the front road of the C store located in the Gu Office B from the front of the C store in the Gu Office.

Summary of Evidence

1. Defendant's legal statement;

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

1. Detection site photographs;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes on the cancellation of driver license;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty for a crime;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fines of 50,000 to 3 million won; and

2. Scope of recommending sentencing criteria: Non-establishment of sentencing criteria; and

3. The Defendant, who was sentenced on May 15, 2018, was sentenced to imprisonment for one year with prison labor for a violation of the Road Traffic Act at the District Court of Jung-gu on May 15, 2018, and the judgment became final and conclusive around that time, is highly likely to be subject to criticism in that he committed the instant crime even during the suspension period.

However, in consideration of the fact that the defendant has no record of punishment for violation of the Road Traffic Act (unlicensed Driving) in the previous time, the defendant shall take the action only once.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.

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