beta
(영문) 울산지방법원 2017.09.07 2017고단2484

도로교통법위반(무면허운전)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 20, 2017, around 05:53, the Defendant driven a rocketing car without the driver’s license from around 3 km section from the front of the jum station located in the Southern-gu, Chungcheongnam-gu to the front of the west Industrial Complex located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to the actual investigation report on traffic accidents;

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting a crime, the selection of fines, and the selection of fines;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which have a variety of criminal records related to traffic, are the defendants with multiple times, and the instant case was subject to a suspended sentence on January 6, 2017 (two years of a suspended sentence of imprisonment with labor for a period of six months) and four months, causing an accident while driving a vehicle without a license, and thus, it is very unfavorable that the defendant attempted to repeat the crime of drinking during the period of the suspended sentence.

However, considering the fact that the defendant reflects the crime in depth, that the defendant's blood alcohol concentration does not reach the realization of the crime of drinking alcohol driving with 0.046%, and that it seems somewhat harsh to invalidate the suspension of execution only by driving without a license, etc., the punishment shall be determined as per the order.