도로교통법위반(무면허운전)
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On November 1, 2017, around 19:41, the Defendant driven a D-hurd automobile without obtaining a driver's license from a motor vehicle in the vicinity of the C restaurant located in Pyeongtaek-si B.
Summary of Evidence
1. Statement by the defendant in court;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes reporting the circumstances of driving without 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 reason for sentencing of Article 334(1) of the Criminal Procedure Act shows the attitude of reflecting the Defendant’s wrong recognition.
On the other hand, the defendant not only has been punished several times for the same crime, but also has been prosecuted for the crime without a license and again driving without a license even though he/she is still under trial (No. 2017 High Court Order 2698).
The sentence shall be determined as ordered by taking into account all the factors of sentencing as shown in the pleadings of the instant case, such as the time interval between the previous drinking crime and the instant drinking driving crime, the Defendant’s age, sexual conduct, environment, family relationship, motive for the crime, means and consequence of the crime, etc., and the circumstances after the crime.