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(영문) 인천지방법원 2019.08.14 2019고단3386
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 March 18, 2019, at around 11:12, the Defendant driven a C wing truck without obtaining a driver’s license at a section of about 24 km from the street in front of the warehouse B in Bupyeong-gu Incheon, Bupyeong-gu, Incheon to the 318 Mam-ro, Seoyang-gu, Sinyang-si to the neighboring on the road near the 318 Mamar Station.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reporting on detection of cases of violation of the Road Traffic Act;

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. Since 2015, the Defendant was punished three times by a fine due to a violation of the Road Traffic Act (unlicensed Driving) as a reason for sentencing of Article 334(1) of the Criminal Procedure Act, and committed again the instant crime even during the period of suspended execution, despite the fact that the Defendant was punished once by a suspended sentence of imprisonment.

However, the defendant reflects on the crime.

The defendant supported the wife under medical treatment for a long time after being diagnosed as a long-term type of illness, and disposed of the vehicle operated for the prevention of recurrence.

The driver did not cause physical damage by driving without a license.

As soon as the period of probation expires, it did not cause any other problem than the instant case during the said period.

In full view of the above circumstances, the punishment as ordered shall be determined as above.

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