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(영문) 창원지방법원 거창지원 2017.10.18 2017고단250
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 July 24, 2017, at around 16:00, the Defendant driven a mae-car without obtaining a driver’s license from the front side of the inletletlet-type office located in the same military Cheongcheon-gun, Chungcheongnamcheon-gun, to the front side of the same military Cheongdong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of statutes, such as the ledger of driver's licenses;

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 (to take into account the circumstances favorable to the defendant among the following reasons for sentencing):

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 is that the defendant was sentenced to a suspended sentence for a crime of the same kind, even though he/she was under the suspended sentence, he/she also reaches an offense of the instant case, etc. disadvantageous to the defendant.

On the other hand, the crime of this case was committed only once without a driver's license, the defendant is against the wrongness, the defendant has family members to support the defendant, and special matters to order "not to drive without a driver's license" to observe the protection and observation of the defendant, and the defendant's own will not repeat again.

In consideration of the circumstances favorable to the defendant, such as the fact that the defendant is being committed, a fine shall be selected for the crime of the defendant and the sentence is sentenced in the same manner

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