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 August 19, 2016, around 20:50, the Defendant driven a DNA car owned by the Defendant without a driver’s license from around 3 km section from the Defendant’s residence in Jeju City to the front of the slot-dong in the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of operation without a license;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to photographs at the detection site;
1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of fines and the selection of fines for the crime;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, prior to the instant crime, the Defendant had a record of having been punished by a fine for the crime without a license, and the Defendant committed the instant crime by driving without a driver’s license on January 14, 2015, even though a driver’s license was revoked on January 14, 2015 due to the crime of driving without a license. Therefore, the Defendant should be strictly punished.
However, there are circumstances to consider the Defendant’s confession of the instant crime, the motive leading to the instant crime, the Defendant’s previous convictions prior to about nine years, the Defendant’s previous convictions prior to the Defendant’s working place management regulations, the Defendant’s imprisonment without prison labor or heavier punishment is automatically dismissed if the Defendant’s imprisonment without prison labor or heavier punishment is finalized under the Defendant’s working place personnel management regulations, and it is reasonable to give the Defendant an opportunity for rehabilitation for his family’s livelihood. In the similar case, the punishment is determined as ordered by taking into account all the sentencing examples in the instant case, the Defendant’s age, character and conduct, environment, circumstances after the instant