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(영문) 서울서부지방법원 2017.06.22 2017고단1213

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 June 28, 2016, the Defendant was sentenced to a suspended sentence of ten months in Seoul Western District Court due to a violation of the Road Traffic Act (non-licensed driving) and a violation of the Road Traffic Act (drinking driving), and was sentenced to a suspended sentence of two years in July 6, 2016, which became final and conclusive on July 6, 2016.

On March 17, 2017, around 12:30, the Defendant driven a FM3 car without obtaining a driver’s license from around 1.5 km section from the 504-29 Do in Mapo-gu Seoul, Mapo-gu, Seoul to the front road of the school.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

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 disadvantageous to the Defendant in that he/she was driving the instantless license during the suspended execution period due to driving without a license or driving under drinking.

However, the crime of this case is more likely than a sentence of imprisonment, considering the fact that the driver's license without a license is less dangerous than a drinking driving, that the defendant is against the defendant, that the defendant's spouse is under medical treatment with an acute hemal hemopsis, and that the defendant's care is necessary.

In addition, taking into account the various sentencing conditions shown in the records and arguments of this case, the sentence shall be determined as per the disposition.