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(영문) 광주지방법원 2015.09.24 2015고단2718

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 June 17, 2015, the Defendant, without obtaining a driver’s license at around 10:25, driven a rocketing car from around 2 km to the front of a restaurant in the Blcheon-si, Mancheon-si to the front of the Blcheon-si in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty for a crime;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the defendant was punished three times for drunk driving, and the defendant was punished two times for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, including without a license, on the Aggravated Punishment, etc. of Specific Crimes, even though he/she was punished two times, he/she again drives without a license during the repeated period.

However, there are favorable circumstances such as the fact that the criminal defendant committed a repeated crime was the principal crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, that the criminal defendant did not cause a traffic accident due to the driving without the license of this case, and that the criminal defendant does not drive again without the license of this case. Thus, a fine is selected only once, and the punishment is determined as ordered by taking into account all of the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and behavior, environment, health conditions, circumstances after the crime, and circumstances after the crime.