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(영문) 의정부지방법원 2017.05.02 2016고단3693
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

[criminal history] On February 27, 2003, the Defendant was issued a summary order of 2 million won for a violation of road traffic laws (unlicensed driving) at the Gangnam Branch of the Chuncheon District Court on the grounds of the violation of road traffic laws, etc. On June 10, 2005, the Defendant was issued a summary order of 1.5 million won for the same crime from the Busan District Court Branch Branch of the Incheon District Court on June 10, 2005. On November 9, 2015, the Defendant was sentenced to a suspended sentence of 1 year for a crime of violation of road traffic laws (drinking driving) at the Jungcheon District Court on the grounds of imprisonment with prison labor for 2 years for a violation of road traffic laws (drinking driving), and the said judgment

[2] On August 24, 2016, around 10:10 on August 24, 2016, the Defendant driven D Launa car without obtaining a driver’s license from around 1km section from around 5:0 to 112, from the 5-day road in Southern-si, Namyang-si, Gyeonggi-do, to the same luminous road.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for and unfavorable circumstances of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: Three times before and after a non-licenseed driver, and conditions favorable to the crime during the suspension period due to drinking: A person who has been detained for one month and has hours of self-esteem: A crime under the suspension period; but a crime under the suspension of execution is committed during the suspension period, but the crime under the suspension of execution is not the crime of violating the Road Traffic Act (driving without a license) and is not the same as the crime of violating the Road Traffic Act (driving without a license); the decision of a sentence is made: Other consideration of the defendant's age, sex, environment, motive for the crime, circumstances after the crime, etc.

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