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(영문) 서울남부지방법원 2016.06.16 2016고단1310

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

Although a driver's license of a motor vehicle was revoked on May 21, 2015, the Defendant driven a motor vehicle of about 1 km from the new Dom Mart-ro, Guro-gu, Seoul to the 97 new Dom-ro, Guro-gu, Seoul, to the 619-ro, the same Dom-ro, Guro-gu, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of enforcement manual and 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 reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment has a history of having been punished four times or more due to drinking or non-licensed driving, etc., and the crime of this case is deemed to require a strict punishment against the defendant, since the defendant again committed a motor vehicle while his/her license was revoked due to driving under drinking in around 2015.

However, the fact that the defendant is in the most important position to support his wife and his children, that the defendant sells his motor vehicle and does not drive the motor vehicle again, that the rules of employment in the defendant's workplace provide that the defendant is automatically dismissed if he is sentenced to imprisonment without prison labor or heavier punishment in the first instance court, and that the punishment is determined as ordered by the order, taking into account all kinds of sentencing conditions as shown in the arguments, such as the background of the crime in this case, the environment of the defendant, the circumstances of the crime, and circumstances after the crime.