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(영문) 수원지방법원 성남지원 2017.03.24 2016고단3553
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of four 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 19, 2016, the Defendant driven a B Poter freight vehicle not covered by mandatory insurance without obtaining a driver’s license from around 4 km to the roads near the Seoul Airport located in the Magdong-gu, Sungnam-si, Sungnam-si, to around 14:30 on the roads near the Magdong-gu, Sungnam-si, Seoul, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative into the driver's license ledger and mandatory insurance;

1. Application of statutes on site photographs;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (unlicensed Driving), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, and selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act - The defendant is under suspension of execution, for whom he/she was sentenced to two years of suspension of execution on September 22, 2015 to ten years of imprisonment with prison labor for fraud, etc. at the Jung-gu District Court on September 2, 2015, and the judgment became final and conclusive on July 8, 2016.

- The driver's license is revoked in 2010 and the period of non-license is long.

- The number of times the defendant has been punished as a non-licensed driving or a drinking driving crime is not more than four times.

- All favorable circumstances - The defendant recognizes the crimes of this case and reflects them.

- The distance of operation is visible to each other;

It is difficult to see it.

- The second sentence is that the defendant is punished as a non-licensed driving crime, and the judgment of suspended execution against the defendant is a different type of crime, so it is harsh that the judgment of suspended execution against the defendant is invalidated due to non-licensed or mandatory insurance.

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