beta
(영문) 대전지방법원 2013.04.04 2012고단4822

도로교통법위반(무면허운전)

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On November 24, 2012, the Defendant, without obtaining a driver’s license at around 13:55 on November 24, 2012, driven the C Costaex bus over about about 15 km from the Do in front of the Song-dong, Daejeon-Dong-dong, Daejeon-dong, Daejeon-Dong-Dong Highway (Roadside) at around 14:10 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of control manuals and the laws and subordinate statutes on the register of driver's licenses;

1. Relevant legal provisions concerning criminal facts: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Selection of sentence: The defendant was sentenced to two years of imprisonment with prison labor on August 11, 201 due to drinking and non-licensed driving at the Daejeon District Court on April 201, and was sentenced to two years of suspended sentence during the suspended execution period, and thus, the crime of this case is committed during the suspended execution period. However, this case is not a state of drinking but a state of driving without a license, but is not an accident due to driving of this case, and it is said that the defendant would not drive the vehicle without a license again after scrapping the vehicle which the defendant possessed, not a state of driving without a license, and it is reasonable to grant the last opportunity in consideration of the defendant's living environment, etc.

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order: Article 334 (1) of the Criminal Procedure Act;