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(영문) 수원지방법원 성남지원 2017.07.19 2017고단1360
도로교통법위반(무면허운전)
Text

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

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

Reasons

Punishment of the crime

On April 1, 2017, at around 15:50, the Defendant driven an E-7 vehicle from the road front of the mother of the Defendant, the mother of his father, who is located in D, to the front road of the former North Korean Forest Office, without the driver’s license, at approximately 6 km section from the 15:50 to the front road of the Ynju Highway, located in the former North Korean Forest Office.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report of an unqualified driver;

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

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 sentencing of Article 334(1) of the Criminal Procedure Act is the majority of the previous convictions due to non-licenseing or drinking, and it is necessary to impose a strict punishment on the grounds that the crime is committed during the suspension period of execution of the crime of violating the Road Traffic Act due to non-licenseing driving.

However, there is room for somewhat considering the circumstances leading to the driving of the instant case, and there was no other damage such as causing the accident due to the instant case, and considering the fact that the vehicle after the instant case has been disposed of, etc., the designation of a fine only once and the final opportunity for rehabilitation is determined as follows: (a) it is reasonable to give the Defendant an opportunity for rehabilitation; and (b) it is determined as a penalty like the order.

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