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(영문) 의정부지방법원 2017.06.13 2017고단565
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On August 24, 2016, the Defendant was sentenced to six months of imprisonment or two years of suspended execution due to a violation of the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (dacting driving) by the Incheon District Court on August 24, 2016, and the judgment became final and conclusive on September 1, 2016 and is currently under suspended execution.

Criminal facts

On December 14, 2016, around 18:12, the Defendant driven a BK3 vehicle without obtaining a driver's license from the front side of the BK3 vehicle from the 145 km-ro to the 31st road of the Gu-si in the Gu-si, Jindi apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on traffic accidents, a survey report on actual condition, and the driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to such previous rulings, etc.);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act under Article 334(1) of the Criminal Procedure Act is that the Defendant was at a disadvantage while driving the instant non-license during the suspension period due to drinking driving or non-licensed driving. However, the Defendant’s primary reason for the suspended sentence is not for driving the non-licensed driving, but for driving the non-licensed driving.

In addition, the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the trial of this case, such as the age, sex, environment, motive of the crime, and circumstances after the crime.

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