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(영문) 수원지방법원 성남지원 2016.11.18 2016고단3073
도로교통법위반(무면허운전)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On October 4, 2016, the Defendant driven a BM5 car at approximately 3 km section from the insular area to the 188-round road in Jungwon-gu, Sungnam-si without obtaining a driver's license on October 4, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Application of the statutes on the register of driver's licenses;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has the ability to punish the same kind of crime, and in particular, it is extremely poor that this court committed a second offense on October 23, 2015, which was sentenced to imprisonment for six months and a two-year suspended sentence, even during the current suspended sentence.

However, there are circumstances favorable to the defendant, such as the fact that there was no traffic accident due to the crime of this case, the defendant's previous suspension of execution due to the crime of violation of the Road Traffic Act, which resulted from the crime of violation of the Road Traffic Act (driving) and the fact that the period of revocation of the license is not long, and the defendant has to refrain from driving without a license again in this court. Thus, the defendant will be placed in preference only once.

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