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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
On March 7, 2017, the Defendant, without a driver's license, driven a car with approximately 150 meters section of the road in front of the Pyeongtaek-gun, Gyeonggi-do, D Spoon.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving without a license;
1. Application of the Act and subordinate statutes to the ledger of driver's licenses and the following inquiry;
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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. Scope of applicable sentences under law: Fines of 50,000 to 3 million won; and
2. The sentencing criteria are not set for any crime of violating the Traffic Act (driving without a license) on the grounds that the sentencing criteria are not applied.
3. Although the decision of sentence has the same criminal history as that of the Defendant, the instant crime was committed during the suspension of execution, the driving distance is short due to the mere unlicensed driving without drinking or accident, the Defendant is in depth, and efforts to prevent recidivism, such as disposal of vehicles after the instant crime. Considering the circumstances that some of the motive of the instant crime and the circumstances leading up to detection, it is somewhat harsh to select a free sentence and isolate the Defendant from society.
The opinion of the jury will also be identical to this, and the defendant will be punished by a fine only once.
In determining the amount of a fine, the conditions of various sentencing as shown in the records and arguments of this case, such as the above-mentioned circumstances and the defendant's age, sex, environment, family relationship, motive for committing the crime, and circumstances after committing the crime, and the opinions of the jury of the case shall be determined as the disposition.
jury verdict and sentencing opinion
1. An opinion of all seven jurors guilty of a verdict on guilty or not guilty;
2. A fine of 3 million won: A fine of 2 million won per three persons: a fine of 1.5 million won per two persons: one person.