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(영문) 광주지방법원 2019.09.19 2019고정569

도로교통법위반(무면허운전)

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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person driving a BM3 car.

On May 26, 2019, the Defendant driving the said car at approximately 3.6 km from the Nam-gu Seoul apartment parking lot to the Egypt road in Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the violation of the Road Traffic Act;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of fines for criminal facts, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the criminal records of the defendant, including the criminal records of the same kind, which are subject to criminal punishment twice, and the criminal records of the suspended sentence of imprisonment also include the criminal records of the suspended sentence of imprisonment.

Nevertheless, the defendant's driving without a license is not only a driving without a license but also a short driving distance.

In full view of all other circumstances that are conditions for sentencing, such as places where a person drives without a license, risk of committing a crime, circumstances after committing a crime, Defendant’s age, character and conduct, and environment, even if considering that there are circumstances that may be considered in the course of committing a crime, the amount of fine for the summary order is deemed reasonable, and there is no change in circumstances that should be reduced.