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(영문) 수원지방법원 평택지원 2014.08.14 2014고단717
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

Punishment of the crime

On April 23, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the Suwon District Court’s Eunpyeong site, and three years of suspension of execution was finalized on May 1, 2014.

On May 9, 2014, the Defendant, without obtaining a driver’s license, driven B2.5 tons of freight from the front side of the original grost office located in the external grost in Ansan-si, to the front side of the two vehicles located in Pyeongtaek-si lock.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of fines and the selection of fines for the crime;

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

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant has the same previous department 11 times, and the five times of which are the previous criminal records of driving without a license, and the suspended execution has been sentenced once again, and the crime without a license again has been committed even though the suspended execution was under the suspended execution, as in the judgment of the court, even though it was under the suspended execution, there is a need for the corresponding punishment.

However, considering the fact that the defendant recognized the crime and divided, simple driving, scrapping of the vehicle, the fact that the crime of this kind is committed prior to the decision to suspend the execution, and the fact that the defendant's occupation, family relation, etc., if the validity of the judgment to which the suspension of execution has been sentenced is invalidated, such as the criminal records in the decision to punish the defendant, the decision to impose a fine is limited to only once on the defendant, and the highest fine is to be sentenced as per the order.

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