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(영문) 의정부지방법원 2019.09.18 2019고단2297
도로교통법위반(무면허운전)
Text

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 the driver of the NEW franchise XG vehicle.

around 12:00 on April 7, 2019, the Defendant was driving the said vehicle without a driver’s license with a section of approximately KRW 500 meters, starting from the street in front of C in Yangyang-si, and ending on the street in front of C in Nam-si, Namyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the register of detection reports (driving without a license), the status of driving without a license, and the register of driver's licenses;

1. Relevant Article of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the selection of a fine concerning the crime, the selection of a fine;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fines of 50,000 to 3 million won; and

2. Scope of recommending sentencing criteria: Non-establishment of sentencing criteria; and

3. On November 23, 2018, the Defendant was sentenced to a suspended sentence of imprisonment due to a violation of the Road Traffic Act by the District Court of Jung-gu on the grounds that the Defendant committed the instant crime without being aware of the period of suspended sentence, even though the said judgment became final and conclusive.

However, in consideration of the fact that the defendant is expected not to drive without a license while getting to and from work at the announced personnel of the company's work place, and that there is no less punishment for violation of the Road Traffic Act (unlicensed Driving) in the previous time, the defendant is placed in the line only once.

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