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(영문) 수원지방법원 2018.06.05 2018고단1742
도로교통법위반(무면허운전)
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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

Criminal facts

On November 8, 2017, the Defendant driven the EW car from around 150 meters in front of the road of the “D” factory located in the e-mail without obtaining a driver’s license from around 15:50 on November 8, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Detailed details of the A driver's license of the victim, and detailed details of the following inquiry;

1. The application of Acts and subordinate statutes to the investigation report (as to the suspicion of driving without a license of the suspect);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances favorable to the defendant in sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

The defendant is divided into and reflected in the crime of this case.

The defendant was driving a short section of a road with low vehicle traffic.

The instant crime did not cause any personal and material damage.

The defendant disposed of the vehicle operated by the defendant.

The defendant has no previous convictions of imprisonment.

Circumstances unfavorable to the defendant are as follows:

In 2017, the defendant was sentenced to imprisonment for six months with prison labor due to driving without the driver's license and was sentenced to two years of suspended sentence, and again committed the instant crime during the suspended sentence period.

In 2015, the defendant was sentenced to a fine of KRW 9 million and has been sentenced to a fine of KRW 9 million due to driving without a license or driving under drinking.

In addition to the above circumstances, all of the sentencing conditions indicated in the records and theories of the instant case, including the Defendant’s age, sex, career, environment, background and consequence of the crime, etc., and the circumstances favorable to the Defendant, shall be considered, and the sentence shall be determined as ordered by the sentence of a fine, taking into account the circumstances favorable to the Defendant at once.

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