beta
(영문) 대전지방법원 2018.05.11 2017고단4873

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 November 23, 2017, around 21:05, the Defendant driven a motor vehicle of approximately KRW 200 meters from the roads near the Seo-gu Seo-gu Daejeon, Daejeon to the roads near the Seo-gu, Seo-gu, Daejeon to the “Acheon-dong” road without obtaining a motor vehicle 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;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting a crime;

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

1. On June 1, 2017, the Defendant was sentenced to a suspended sentence of three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Death and Injury) at the Daejeon District Court on the grounds of sentencing of the provisional payment order and was sentenced to a suspended sentence of three years on June 9, 2017, and the judgment became final and conclusive and conclusive on June 9, 2017, and is still still under suspended sentence, and is not well aware of the crime of this case

However, in light of the fact that the Defendant’s mistake is against himself, the driving distance is not long, the Defendant sold the Defendant’s vehicle on December 4, 2017, and the circumstances that were incurred prior to the suspension of execution are considered to be too harsh if the Defendant’s choice of imprisonment is invalidated, it is deemed that this would be too harsh. However, the upper limit of the fine is to be imposed by taking into account the following factors: the Defendant’s age, sexual behavior, environment, etc., and various sentencing conditions specified in the present case and arguments