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(영문) 수원지방법원 2017.11.28 2017고단6177
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

On August 30, 2017, the Defendant driven a vehicle of approximately 300 meters, without obtaining a driver’s license of a motor vehicle on August 30, 2017, and driving a vehicle of approximately 300 meters from the front road of GS Mat in front of the GS Mt in which the wife population is located, to the front road of a happy certified broker, which is located in the GS Mt in the GS-Eup located in the GS-Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and the ledger of automobile registration;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

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

1. Circumstances favorable to the defendant in sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

There are some circumstances to consider the defendant's unlicensed driving circumstances.

The instant crime did not cause any personal and material damage.

The distance of the defendant's vehicle operation is relatively short.

The defendant has no previous convictions of imprisonment.

There is a need for the defendant to support the family including two children.

The social ties between the defendant and his family members are clear, and the defendant's wife is sought.

Circumstances unfavorable to the defendant are as follows:

In 2013, the defendant was sentenced to a fine of KRW 1 million due to driving without a license, and a fine of KRW 5 million due to driving without a license in 2014.

In particular, the Defendant committed the instant crime while driving a driver without a license in 2016, even though he had been sentenced to the two-year suspended sentence in August, 201, resulting in a traffic accident, again committed the instant crime during the suspended sentence period.

In addition to the above circumstances, in consideration of the Defendant’s age, sex, career, environment, circumstances after the commission of the crime and the circumstances after the commission of the crime, the punishment as ordered shall be determined by taking into account all the sentencing conditions as indicated in the instant records and arguments.

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