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 June 26, 2018, at around 05:30, the Defendant driven a two-way car without obtaining a driver's license from around 3km in front of the Incheon Bupyeong-gu Incheon Bupyeong-ro 411-10 Sungdong-ro, Gyeyang-gu, the head of Gyeyang-gu, to the road front of the Incheon Gyeyang-gu Incheon Gyeyang-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
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 crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is a situation unfavorable to the defendant, such as the crime of this case where the defendant drives a van without a driver's license, and the defendant has already been subject to criminal punishment twice due to the same kind of crime, and in particular, on February 21, 2018, the Incheon District Court sentenced the defendant to one year of the suspended sentence for six months due to a violation of the Road Traffic Act at the Incheon District Court on February 21, 2018, and did not know of the fact that he committed the crime of this case without being aware of the suspension period.
On the other hand, the defendant's recognition of the crime of this case and reflects the mistake, raises two children care alone, is not good due to depression and urology, etc., and does not cause a traffic accident involving personal and material damage while driving without a license, and again does not drive without a license.
It is hard to say that it is favorable to the defendant.
In full view of the above circumstances and all of the sentencing conditions as shown in the arguments in this case, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment shall be determined as ordered.