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(영문) 제주지방법원 2017.04.21 2017고단305
도로교통법위반(무면허운전)
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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 February 9, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle from around 10:25, run a motor vehicle in Ctea in the section of approximately 300 meters from the Central Roster road located in Seopo-si 336, Seopo-si to the sunset road located in the same Seopo-si, Seopo-si 72, Seopo-si.

Summary of Evidence

1. Statement by the defendant in court;

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. On April 15, 2014, the Defendant issued a summary order of KRW 1.5 million to a fine of KRW 3 million at the Jeju District Court on April 15, 2014 due to a violation of the Road Traffic Act (unlicensed driving) at the Jeju District Court on January 22, 2016. On November 24, 2016, the same court issued a summary order of KRW 3 million to a fine of KRW 4 months for a violation of the Road Traffic Act (unlicensed driving) at the same court on November 24, 2016. On December 12, 2016, the Defendant was sentenced to imprisonment for 4 months for a violation of the Road Traffic Act (unlicensed driving) and 2 years for a suspended sentence, which became final and conclusive on December 12, 2016.

This shows that the defendant has a tendency to light traffic laws and regulations, and to stimulately drive without licenses, and it is no longer meaningful to punish the defendant as it is no more severe punishment.

However, considering the fact that the defendant seems to have poor mobility, the elderly health is not good, the defendant's children are unable to drive without a license again, and the defendant's children are not able to do so, the defendant shall be sentenced to the same punishment as the order shall be determined only once.

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