(영문) 대전지방법원 홍성지원 2016.12.13 2016고단659

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(영문) 대전지방법원 홍성지원 2016.12.13 2016고단659

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

Punishment of the crime

On September 21, 2016, at around 10:40, the Defendant driven a C EcooS car at a section of about 10 km from the front of the modern oil station in the area of Chungcheongnam-gun, Chungcheongnam-gun, the budget of Chungcheongnam-gun, to the front of the calendar distance, located in the calendar, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of fines and the selection of fines for the crime;

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

1. In light of the fact that the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is in the period of suspension of execution for the same kind of crime, and that he already received a summary order of one million won due to driving without a license around July 2016, the defendant who committed the instant crime should be punished strictly.

Although the Defendant continues to violate the legal order by defending himself/herself for his/her livelihood, such an act of the Defendant is a threat to the safety of society as a whole and a cause to make his/her living difficult.

However, considering the circumstances such as the confession and reflect of the defendant, the identification of the defendant's disease, the support for his/her children who are elementary school students, and the detention of the defendant seems to cause difficulties in his/her livelihood, and the defendant is expected to be put on probation in the future, he/she shall be subject to a fine only once. The defendant shall be subject to a fine by taking into account the following factors: the defendant's age, character and behavior, environment, circumstances after the crime, etc., and all the sentencing conditions, including the defendant'

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