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(영문) 수원지방법원 평택지원 2017.05.17 2016고단2629
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Punishment of the crime

[2016 Highest 2629] On October 25, 2016, the Defendant driven D vehicles within the 45 kilometer of approximately 45 kilometers from the Do in front of the Dong-dong KCC parking lot, Dong-dong, Seosan-si, Nowon-gu, Seoul, to the Do in front of the Dong-dong KCC parking lot.

[2017 Highest 713] On March 31, 2017, the Defendant driven a Eststststun car from the parking lot in the Young-gu Young-dong, Suwon-gu, Suwon-si, without obtaining a driver’s license around 11:00, to the front road of the mix line 1171-4, the right to instigate the marg in the city.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of operating without a license and report on the arrest of a case;

1. An inquiry letter of driver's license and the application of statutes to the ledger of driver's licenses;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (Optional Selection of Punishment)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 that the Defendant was prosecuted for driving without a license in the case of 2016 order or 2629 order, and thus, the nature of the offense is somewhat weak, such as driving without a license, even though he/she is pending in the trial.

However, the defendant does not repeat the crime again while seriously against the defendant. The crime of this case is a simpleless driving crime, and the defendant is punished for driving without a license, considering all the circumstances such as the first fact and the circumstances leading to the crime of this case, the punishment of this case shall be determined as set forth in the order.

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