beta
(영문) 수원지방법원 2017.06.27 2017고단1889

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

Criminal facts

On February 19, 2017, at around 09:10, the Defendant driven a B-learning car without obtaining a driver's license from around 1.5 km to the front road of 36-16, a 53-lane (On the road of the 36-16-16 (On the road of the 103rd A-ray) in Suwon-si, Suwon-si, without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

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

1. Circumstances favorable to the defendant in sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

The defendant has no previous convictions of imprisonment.

The Defendant committed the instantless driving crime only once.

Circumstances unfavorable to the defendant are as follows:

The defendant has been subject to criminal punishment on several occasions due to driving without a license.

In particular, the Defendant was sentenced to imprisonment for six months with prison labor due to driving without a license in 2016 and was sentenced to two years of suspended sentence, and again committed the instant crime during the suspended sentence period.

In addition to the above circumstances, in consideration of the Defendant’s age, sex, career, environment, circumstances after the commission of the crime and the circumstances after the commission of the crime, the punishment as ordered shall be determined by taking into account all the sentencing conditions as indicated in the instant records and arguments.