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(영문) 춘천지방법원 원주지원 2019.06.26 2019고단281
도로교통법위반(무면허운전)
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

【Criminal Power】 On September 5, 2003, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (unlicensed Driving) at the Chuncheon District Court’s original branch on September 5, 2003; on May 24, 2010, the Defendant was issued a summary order of KRW 1 million for the same crime at the Changwon District Court’s original branch on May 24, 201; on May 19, 2017, the Defendant was issued a summary order of KRW 2 million for the same crime as at the Jeju District Court’s original branch on May 19, 2017; and on December 5, 2018, the said court was sentenced to a suspended sentence of KRW 2 million for six months for the same crime and became final and conclusive on December 13, 2018.

【Criminal Facts of Crimes】 On March 18, 2019, the Defendant driven the E-wing truck from approximately 3 km to the front side of the crossing point in Gangwon-gun, without obtaining a driver’s license on March 18, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses, and investigation reports thereon;

1. Application of statutes concerning criminal records;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is several cases where the defendant was committed in the previous period of probation, even though he was under the previous period of probation, there are unfavorable circumstances against the defendant, such as the defendant committed the crime of this case. However, the defendant is not subject to punishment, and the defendant is not subject to punishment, and the defendant's detention is not subject to punishment, and the defendant's social relationship is clear with his family members, and the motive and circumstance of the crime of this case, the circumstances after the crime (such as the vehicle in this case driven by the defendant after scrapping), the defendant's age, occupation, family relationship, health condition, etc. are considered as follows.

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