도로교통법위반(무면허운전)등
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On May 1, 2020, at around 13:15, the Defendant driven a D low-speed car without obtaining a driver's license from around 9 km to the front road of the same city from the front of the B in the Sungsung City to the front road of the C in the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the occurrence of the case;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes on mandatory insurance;
1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a sentence, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and selection of fines, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant whose driver's license was revoked on October 27, 2019 without obtaining a license for a motor vehicle from which he/she was not covered by mandatory insurance, and the nature of the crime is not exceptionally applied.
The defendant has a record of being punished for a fine for a violation of the Guarantee of Automobile Accident Compensation Act once, and the defendant committed the crime of this case without being aware of the suspension of execution due to the violation of the Road Traffic Act.
However, the defendant recognized the crime of this case and divided his mistake, and there is no record that the defendant has been punished for driving without a license, and the defendant's age, health status, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, and other various circumstances that form the conditions for sentencing as shown in the record, such as the circumstances after the crime, shall be determined as the sentence like the order.