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(영문) 수원지방법원 성남지원 2017.10.31 2017고단2382
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 13, 2017, the Defendant, without obtaining a driver’s license, driven a vehicle of approximately 4km at around 08:10 on the front day of the Defendant’s accommodation located in Gwangju-si, Gwangju-si, about 08:10 on the same day, the Defendant driven a vehicle of approximately 3 km in the front day of the accommodation of the Defendant located in Gwangju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to the next inquiry session;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting a crime;

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

1. In light of the fact that the Defendant committed the instant crime even though his/her driver’s license was revoked due to drinking driving, the nature and circumstances of the crime are heavy.

On the other hand, the fact that the defendant is against the mistake, and that the defendant has no record of being punished as a crime of violating the Road Traffic Act (unlicensed driving) is favorable to the defendant.

In addition to the above various circumstances favorable to or unfavorable to the defendant, the conditions of sentencing as shown in the argument of this case, such as the age, sex, intelligence and environment of the defendant, motive, means and consequence of the crime, etc., shall be considered together, and the punishment shall be determined as ordered.

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