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(영문) 광주지방법원 순천지원 2016.05.18 2015고단2601
도로교통법위반(무면허운전)
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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal history] On November 6, 2015, the Defendant was sentenced to a suspended sentence of two years in October 10 and the judgment became final and conclusive on the 14th of the same month, due to a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Support of the Gwangju District Court.

[Criminal facts] On September 30, 2015, the Defendant driven a D body-wide car without a vehicle driver’s license from the section of approximately three kilometers from the French road located below the Gyeongnam-dong around 19:40 on September 30, 2015 to the road in front of the Gaeeg-gun’s Public Security Center located outside the former Gueg-gun’s land.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving and control without a license;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 committed a crime even though he had the record of the same kind of crime, etc. is disadvantageous.

However, in light of the favorable circumstances, such as the fact that the defendant is led to confession and reflect, and the fact that there is a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the final judgment and the fact that the relationship of concurrent crimes after Article 37 of the Criminal Act should be considered at the same time in the relationship of concurrent crimes, and other favorable conditions of sentencing as shown in the records, such as the age, sexual conduct, and circumstances after the crime

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