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(영문) 광주지방법원 2017.04.20 2016고단5555

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

On November 21, 2016, around 08:55, the Defendant driven a CM5-car without obtaining a driver’s license from the front side of the Defendant’s house located in Gwangju Mine-gu B and 205, to the point of 13 km away from the front side of the Defendant’s house located in the Hocheon-si, Chungcheongnam-si, Seoul Metropolitan City.

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 concerning the facts constituting a crime;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include four times the reason for sentencing under Article 334(1) of the Criminal Procedure Act, but the records of punishment for driving without a license are only limited to one time, and the fact that the wife, who was driving at ordinary times, has been driving in order to take care of the infant, who was forced to leave the wife for 16 months and was forced to drive in his house, shall be considered as favorable circumstances. In addition, taking into account all sentencing factors specified in the argument of the instant case, such as the Defendant’s age, sex, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, the punishment shall be determined as indicated in the text.