beta
(영문) 의정부지방법원 2016.11.17 2016고단2781

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 July 5, 2016, at around 09:15, the Defendant, without a driver’s license, driven a BA-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of unregistered driving and application of the laws and subordinate statutes to the ledger of driver's licenses;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment;

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

1. A person who operates a motor vehicle with reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is obligated to obtain and pay a driver's license issued to a person with traffic skills and ability to operate the motor vehicle with due care.

In the situation where the defendant's license was revoked due to drinking driving, the above fact that the defendant was driving without the license is disadvantageous.

However, the sentencing conditions shown in pleadings, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., that the defendant is expected not to drive without a license, the fact that there is no record of punishment for driving without a license, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., shall be determined like