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(영문) 광주지방법원 해남지원 2018.06.07 2018고단136

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

[criminal history] On January 11, 2018, the Defendant was sentenced to six months of imprisonment with labor for a crime of violating road traffic law at the Southern Branch of the Gwangju District Court of Gwangju, and two years of suspended execution, and the judgment becomes final and conclusive on January 19, 2018 and is still under suspended execution.

[Criminal facts] On April 8, 2018, the Defendant driven a vehicle with C low-speed at approximately 1km from the front side of a port terminal located in the Namdo Eup to the front side of a common restaurant located in the same Eup without obtaining a driver’s license for a motor vehicle on April 8, 2018 to the front side of a common restaurant located in the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. A driver's license inquiry;

1. Previous convictions in judgment: Application of a reply to inquiry, investigation report (the same kind of force), and copy of the judgment, such as criminal history;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, the Defendant committed the instant crime during the suspension period of execution due to drinking driving.

On the other hand, however, the defendant recognizes all of his errors and reflects them, and disposes of the vehicles registered in his own name and does not repeat them.

The defendant has no record of being punished for driving without a license.

In addition, the punishment shall be determined as ordered in consideration of all the sentencing reasons shown in the instant trial proceedings, such as the defendant's age, family environment, background of the crime, and circumstances after the crime.