(영문) 서울중앙지방법원 2017.12.20 2017고단7475

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(영문) 서울중앙지방법원 2017.12.20 2017고단7475

도로교통법위반(무면허운전)

Text

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

On September 16, 2017, at around 09:50 on September 16, 2017, the Defendant driven a low-speed vehicle B at the section of about 10km from the rest area in the river in the south-gu Incheon-gu Incheon-gu Incheon-si, Chungcheongnam-gu, Chungcheongnam-do to the front of the 313km in the direction of Busan-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of control and report on the situation of driving without a license;

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

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 a selective fine for punishment (the defendant had been subject to punishment several times due to drinking without a license for driving under the influence of alcohol in the past, but again committed the crime in this case, and in particular, the defendant's liability for the crime in this case was committed during the suspension of the execution that was sentenced to a suspended sentence due to driving under the influence of alcohol in the previous year.

However, in light of the following circumstances: (a) the Defendant is against the law of crime; (b) there is no past record of punishment of imprisonment without prison labor or heavier punishment before the instant case; and (c) when the Defendant is sentenced to imprisonment in the instant case, the sentence of imprisonment with prison labor shall be imposed upon the lapse of the suspended sentence; and (d) the Defendant shall be punished by a fine only once, taking into account the fact that the Defendant appears to be somewhat harsh.

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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