beta
(영문) 의정부지방법원 2016.06.02 2016고단166

도로교통법위반(무면허운전)

Text

A defendant shall be punished by a fine not exceeding 3,000,000 won and 20 days of detention.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On December 22, 2015, around 03:00, the Defendant driven a DNEW EF rocketing car without obtaining a driver’s license from around 197-1 to around 197-1 in the same Eup/Myeon located in the vicinity of the South sports park.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes on license ledger;

1. Relevant Article of the Act and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, the fine and the choice of penal detention concerning the crime;

1. Article 158 of the Road Traffic Act concurrently sentenced to punishment;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, was sentenced on April 28, 2015 to six months of imprisonment for a violation of the Road Traffic Act at the Jung-gu District Court on April 28, 2015, and the said judgment became final and conclusive on May 7, 2015, and is currently under suspension of execution. However, on December 22, 2015, the Defendant was driving without a license as above, and the Defendant was driving without a license to find a pharmacy for his wife.

Although there is a change in the investigation agency, there is no such change in the investigation agency, and the defendant stated that he was able to return to the house, and in light of the fact that the defendant is again driving a license without permission around March 2016, which was after the prosecution of this case was instituted, and is being prosecuted for summary in the Seoul Western District Court.

However, the sentencing conditions specified in pleadings, such as the Defendant’s environment, age, sexual conduct, motive, means and consequence of the crime, the circumstances after the crime, etc., shall be equally considered, and the punishment of a fine and a penal detention shall be concurrently determined as ordered.