beta
(영문) 창원지방법원 통영지원 2016.06.01 2016고단341

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

Criminal facts

[criminal history] On November 12, 2012, the Defendant was sentenced to a summary order of KRW 300,000 to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (unlicensed Driving) at the Changwon District Court Branch on August 5, 2013. On July 9, 2013, the Defendant was issued a summary order of KRW 3 million for the same crime, etc. at the Changwon District Court Branch on July 21, 2015, and was sentenced to a summary order of KRW 3 million for the same crime, etc. at the Changwon District Court Branch on July 21, 2015, and the said judgment became final and conclusive on July 29, 2015, during the current suspension period of execution.

[2] On February 21, 2016, the Defendant driven a 30km car without the driver’s license from the front day of the lived maintenance road located in the lived road located in the lived drawing at the Simdog-gun, Haman-gun, Hamwon-gun, Hamwon-gun, Hamdong-gun, to the front day of the lived road in the lived drawing at the time of Tong-young-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Registers of driver's licenses and inquiries about the disqualifications of the main office;

1. Details of driver's license revocation;

1. Previous convictions in judgment: References to inquiries about criminal history, application of investigation reports (judgments, summary orders)-related Acts and subordinate statutes;

1. Relevant provisions of the Act and subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act concerning facts constituting an offense, and the selection of fines;

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

1. Grounds for sentencing under Article 334(1) of the Criminal Procedure Act - Circumstances unfavorable to the court: The same crime is repeated, and the crime of this case also commits a second offender during the suspension period;

(k) favorable circumstances: The defendant's vehicle driven under influence of alcohol in the rear of the signal while being inspected as the victim of the traffic accident is revealed that the crime of this case is revealed, and he/she does not drive the vehicle by using a non-license again after disposing of the vehicle;

that it is against his or her mistake.

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, and circumstances after the crime, shall be taken into consideration.