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(영문) 의정부지방법원 고양지원 2013.10.25 2013고단1586
도로교통법위반(무면허운전)
Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

[criminal power] On July 13, 2010, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (unlicensed Driving) at the Seoul Western District Court on July 21, 201, and the said judgment became final and conclusive on July 21, 201. However, on February 24, 2011, the final and conclusive judgment sentenced four months to imprisonment with prison labor for the same crime, etc. (as of June 10, 201) was invalidated due to the invalidation of the sentence of the said suspended sentence (as of November 30, 2011, the Defendant was released on November 30, 201 and was released on December 19, 201, and three previous rulings were added to the said sentence.

【Criminal Facts】

On August 20, 2013, around 22:55, the Defendant driven a vehicle with C low-speed without obtaining a driver's license in a section of about 3 km from the front of the dialogue station in Yongsan-gu, Yongsan-gu, Yongsan-si to the front road of the Posi-dong, Sinju-si, Sinju-si at around 23:07 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Selection of a fine, Article 152 subparagraph 1 of the Road Traffic Act, Article 152 and Article 43 of the relevant Act on criminal facts (to select a fine, in consideration of the fact that the defendant has been sentenced to a fine or imprisonment with prison labor in several previous instances, and that the defendant commits the same kind of crime during the period of repeated crime, although it is reasonable to strictly punish him/her, considering the fact that the defendant has mistakenly recognized his/her mistake, that he/she has no record of criminal punishment more than two years after the previous crime, that he/she has no record of criminal punishment, that he/she would not drive a motor vehicle again

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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