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(영문) 서울남부지방법원 2016.04.28 2016고단344

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

On January 29, 2016, at around 11:25, the Defendant driven a vehicle bcoconfent freight without a driver's license from the later street of the Guro-gu Seoul Metropolitan Government Hospital, Guro-gu to about 756 km, Yeongdeungpo-gu, Seoul, Seoul, to the next street of the hospital.

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 is that the defendant has been punished four times due to drinking driving, and that the defendant is not well aware of the fact that he/she has driven without a license even though he/she is currently under the period of probation, the nature of the crime is not weak.

However, the distance of driving without a license is relatively short, and it seems that he/she has been driving for the purpose of maintaining his/her livelihood, and the sentencing conditions as shown in the arguments, such as the circumstances after the crime, etc., are to be punished as a fine, by taking account of the following factors: (a) the defendant is punished as a fine.