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(영문) 광주지방법원 2016.01.28 2015고단4870
도로교통법위반(무면허운전)
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1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On November 5, 2015, the Defendant, without a driver’s license, driven B Poter truck from approximately 300 meters away from the front side of the stone located in the Seo-gu Seoul Metropolitan City, Seo-gu to the front side of the monthly elementary school located in the Nam-gu, Gwangju Metropolitan City, without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without licenses, and 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 concerning the facts constituting a crime;

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 of the Criminal Procedure Act has the history of serving the defendant's punishment on several occasions, including without a license driving, and in particular, on May 8, 2014, the Gwangju District Court sentenced the defendant to eight months of imprisonment for a crime of violating Road Traffic Act (unlicensed driving) at the Gwangju District Court on January 8, 2015 and did the instant crime without being aware of the fact that the defendant committed the instant crime without being aware of the fact that the execution of the sentence was completed during the period of repeated offense, or that the defendant would not drive without a license again.

In light of the fact that the instant crime was committed, the fact that the instant crime did not lead to traffic accidents, and all of the sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, sexual conduct, environment, circumstances after the commission of the crime, and circumstances after the commission of the crime, the punishment shall be determined as ordered.

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