도로교통법위반(무면허운전)
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[criminal history] The defendant was sentenced to a suspended sentence for ten months by imprisonment with labor for a crime of violation of the Road Traffic Act (non-licensed driving), violation of the Road Traffic Act (toxicly Driving), and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) at the Gangnam Branch of the Chuncheon District Court on March 15, 2017, and is still under the suspended sentence as of March 23, 2017.
[Criminal facts] On September 3, 2018, the Defendant was driving a motor vehicle in the section of approximately 500 meters from the road near B in the East Sea to the neighboring road in the East Sea, without obtaining a driver’s license for the motor vehicle at around 06:30 on September 3, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual condition, on-site photograph, report on the occurrence of traffic accidents, and on-site map;
1. The driver's license ledger (A);
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of the same type of previous convictions and period of suspension of execution);
1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting a crime;
1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which had been punished several times due to driving without a license, is that the Defendant caused a traffic accident by driving without a license at the same time during the period of suspension of execution, is an unfavorable factor in the sentencing, and the traffic accident was caused by a heavy accident, and that the agreement with the victims is favorable factor in the sentencing.
In this context, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, health conditions, circumstances leading to the crime, means and results, etc., should be considered in light of the fact that the defendant scraped the vehicle while not driving without a license, and the sentencing conditions prescribed in Article 51 of the Criminal Act after the crime.