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(영문) 수원지방법원 성남지원 2016.08.24 2016고단1627
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 June 12, 2016, around 14:55, the Defendant driven a motor vehicle B with no driver's license within approximately 4 km section from around 4 km to about 27 km road at the same time, from around 148, the end of 148-gil, Seongbuk-gu, Seongbuk-gu, Sungnam-si, Seoul, to the end of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

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

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. Selection of an alternative fine (a person who was sentenced on July 2, 2015 to a two-year suspended sentence on July 2, 2015 due to driving without a license for drinking alcohol and was sentenced to a two-year suspended sentence, but has committed a second offense of driving without a license in this case, and thus, the Defendant has been subject to strict punishment is inevitable.

However, the defendant's mistake and dispose of the vehicle and does not reach the driver's license again.

In light of the fact that the defendant's child is in a situation where he or she should support his or her family as the second degree of intellectual disability, and that this case was merely a driver without a license and was not a drinking condition, it is judged reasonable to give the defendant an opportunity for rehabilitation, and it is so decided that it is reasonable to give the defendant an opportunity for rehabilitation.

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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