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(영문) 수원지방법원 여주지원 2016.05.13 2016고단195
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 December 13, 2015, the Defendant driven a B rocketing car within a about 500-meter range from the access to the highway to the river department in the same Ri, which is located in the Donsan City of Gangseo-si. The Defendant driven a B rocketing car without obtaining a driver’s license from around 16:0 to the river department in the same Dongn Sea.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendant was sentenced to a two-year suspended sentence on October 5, 2015 for a violation of road traffic law (non-licenseless driving) on the part of the Defendant in the branch of the Suwon Police Station, and the judgment became final and conclusive on June 13 of the same month; (b) however, there are unfavorable circumstances such as the Defendant being under the suspended sentence at the time of committing the instant crime; (c) considering the Defendant’s green age, etc., it seems somewhat harsh for the Defendant to invalidate the prior order of the suspended sentence due to a single driver without a license during the suspended sentence; and (d) other factors such as the Defendant’s family environment and dependents, and the motive for committing the instant crime, etc., it is so decided as per Disposition by the assent of all participating Justices.

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