도로교통법위반(무면허운전)
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On February 15, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle around 10:00, driven a e-sports truck with approximately KRW 41km E in front of the D office located in Gumi-si, Seoul at the rest of about 124 km away from the Gyeong-gu, Daegu Dong-gu, Daegu-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to report on investigation (report on the statement by the F phone of a witness);
1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;
1. Selection of an alternative fine for punishment;
1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is many criminal records that Defendant was punished for driving without a license. The Defendant, who was sentenced to six months of imprisonment or two years of suspended execution due to the same crime, committed the instant crime despite the fact that the judgment became final and conclusive on July 30, 2015, and is still under suspended execution, is highly likely to commit the instant crime.
The defendant led to the confession of the crime of this case, and the defendant was driving the vehicle of this case while driving the vehicle in the course of business.
As F appears to have been driving on behalf of the Defendant on account of his own body, there are circumstances that may be considered in the course of the crime, the Defendant’s simple driving without a license, the Defendant’s acquisition of a driver’s license during the trial of this case, and the above circumstances, considering the favorable reasons for sentencing, such as the fact that it appears that the suspension of the above execution would have been invalidated only by the crime of this case, and other favorable reasons for sentencing, such as the contents, process, means and consequence of the crime of this case, the circumstances after the crime, the age of the Defendant, sexual behavior and environment, etc., and the various conditions of sentencing as shown in the argument of this case, such as the contents, method and consequence of the crime