beta
(영문) 대구지방법원 김천지원 2018.10.02 2018고단763

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 July 4, 2018, the Defendant, without obtaining a driver’s license in around 09:35, run a car from around 5km to the road at a point where 186 km is located in the salary of the Sincheon-si, Kimcheon-si, Kimcheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of 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 under Article 334(1) of the Criminal Procedure Act is that the defendant has a history of criminal punishment four times for the same crime.

In particular, the defendant committed the crime of this case without being involved in the suspension of the execution of imprisonment for the same crime.

However, the defendant shows his attitude to re-constigate the crime of this case.

Although the defendant was sentenced to imprisonment for the same crime, it was sentenced together with the crime of drinking driving, and the defendant has no record of criminal punishment exceeding the fine only with the crime of driving without a license.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.