(영문) 의정부지방법원 2018.10.16 2018고단3294

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(영문) 의정부지방법원 2018.10.16 2018고단3294

도로교통법위반(무면허운전)

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On December 15, 2014, the Defendant was sentenced to a summary order of KRW 6 million for a violation of road traffic laws (unlicensed driving) at the Jung-gu District Court on December 15, 2014, and on July 24, 2018, the Defendant was sentenced to a suspended sentence of two years for a year for a violation of road traffic laws (drinking driving) at the Jung-gu District Court on July 24, 2018.

8.1. The above judgment became final and conclusive.

(Criminal facts) around 10:40 on July 25, 2018, the Defendant driven a D 2 cargo vehicle without obtaining a driver's license from the front road of the Do Government-si, Gyeonggi-do to the front road of the same city in about 10:45 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A driver's license inquiry;

1. Previous conviction: Application of a written reply to inquiries, such as criminal history, the text of the judgment, and the report of investigation (the confirmation of the suspect's separate case (the confirmation of August 1, 2018) to the statutes;

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting a crime, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 provides that the Defendant had one time before driving without a license to drive the instant without the license, and the Defendant was sentenced to a suspended sentence due to driving under the influence of alcohol and was driving without the license on the following day.

However, the punishment shall be determined in consideration of the circumstances of driving without a license in this case, the equality in the case of being punished together with the crime of violating the Road Traffic Act (driving) for which judgment has become final and conclusive, and the fact that there is no previous conviction in excess of the fine

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