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(영문) 수원지방법원 안산지원 2016.10.13 2016고단2057
도로교통법위반(무면허운전)
Text

In regard to the crimes set forth in Article 1 of the judgment of the defendant, a fine of KRW 3,00,000 shall be imposed on the crimes set forth in Article 2 of the judgment.

Reasons

Punishment of the crime

On November 6, 2015, the Defendant was sentenced to three years of suspension of the execution of one year of imprisonment for a violation of the Road Traffic Act in Ansan Branch of the Suwon District Court on November 6, 2015, and the judgment became final and conclusive on June 21, 2016.

【Criminal Facts】

1. On June 5, 2016, at around 12:30, the Defendant driven C Poter Cargo Vehicles without obtaining a driver’s license from the section of approximately 300 meters from the road near the Yakdo-dong, Chungcheongnam-do to the road in front of the same 1089-1.

"2016 Highest 2883"

2. On July 20, 2016, around 03:30 on July 20, 2016, the Defendant driven C Poter freight without obtaining a driver’s license in a section of about 1 km from around the same 2506 unit in the vicinity of the Defendant’s dwelling located in Sido-si D.

Summary of Evidence

[2016 Highest 2057]

1. Defendant's legal statement;

1. Report on the situation of driving without a license, and a driver’s license inquiry;

1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A), two copies of the judgment, and replys to the agreement of the case (2016 Heights2883);

1. Defendant's legal statement;

1. Report on the situation of unregistered driving and application of the laws and subordinate statutes to the ledger of driver's licenses;

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

1. As to the crimes of violation of the Road Traffic Act of subparagraph 1 of the judgment on the selection of punishment, imprisonment shall be imposed, and as to the crimes of violation of the Road Traffic Act of subparagraph 2 of the judgment, a fine shall be imposed, respectively;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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 of the provisional payment order is that the defendant acknowledges his mistake, and the crime as stated in paragraph (1) of the holding should take into account the equity between the case where the judgment in the holding becomes final and conclusive at the same time as the crime of violation of the Road Traffic Act (driving).

However, before preventing the defendant from committing the crime described in Paragraph 1 of the judgment, the defendant has already been punished by the violation of the Road Traffic Act (driving) three times.

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