beta
(영문) 의정부지방법원 2013.04.02 2013고단113

도로교통법위반(무면허운전)

Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 13:20 on December 6, 2012, the Defendant driven a B-learning car without the driver’s license, approximately 300 meters from the front of the Jinho-dong No. 344 to the front of the Jinho-dong No. 670, Chang-dong No. 670.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the situation of operation without a license;

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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was that the defendant was punished by a fine (three times in total) on October 2005, 12, and November 201 for drunk driving, and that the defendant committed the instant crime without a license without a license without a license without a license even though the driver’s license was revoked due to a drunk driving on around 2011. In light of the fact that the defendant committed the instant crime without a license without a license without a license without a license on around 201.

However, considering the fact that confession and there is no previous conviction exceeding the fine, and other various circumstances, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the conditions of the punishment as shown in the pleading, the punishment of the fine shall be taken into consideration only once.