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(영문) 청주지방법원 영동지원 2018.12.13 2018고단138
도로교통법위반(무면허운전)등
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

Punishment of the crime

1. On August 23, 2018, the Defendant, via a road front of the E convenience store located in the same Gun, from the front of the road in front of the Macheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-do, the Defendant driven a Fpoter II more neck truck without obtaining a driver’s license from a section of about 10km to the front of the same Gun C.

2. On August 23, 2018, the Defendant violated the Road Traffic Act, driving the above vehicle at around 00:23, while moving the vehicle of the Defendant as stated in paragraph (1) on the road front of the E convenience store located in the Hacheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-gun, and subsequently taking the part of the victim G, which was parked thereafter, as the back part of the Defendant’s HM7 car owned by the victim G, into the rear part of the Defendant’s vehicle, and did not provide the victim with personal information.

This part of the facts charged modified ex officio the expressions to meet the requirements for the composition of crimes under Article 156 subparag. 10 of the Road Traffic Act and Article 54(1)2 of the Road Traffic Act to the extent that it does not disadvantage the defendant's exercise of his/her right to defense.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents;

1. The investigation report (the sequence 18 of the evidence list);

1. Reports on traffic accidents, on-site photographs, photographs, description of photographs, and making up for each occasion;

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

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (non-licensed driving point), Article 156 subparagraph 10 of the Road Traffic Act, and Article 54 (1) 2 of the Road Traffic Act (the point of non-provision of personal information after destroying a motor vehicle parking or stopping), the selection of fines, respectively;

2. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (to the extent that the amount of the fine prescribed in the said two crimes is aggregated);

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

4. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334 of the Criminal Procedure Act) is [Any unfavorable circumstance] Defendant is punished by imprisonment with prison labor for drinking again after being sentenced to a fine twice due to the crime of driving alcohol.

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