(영문) 춘천지방법원 2019.01.23 2018고단1195

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(영문) 춘천지방법원 2019.01.23 2018고단1195

도로교통법위반(무면허운전)

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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, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

At around 16:20 on November 12, 2018, the Defendant driven a D-wing truck without a driver’s license in the section of approximately 13.9km from the front day of “C” located in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-ro, Hongcheon-ro, Hongcheon-si, via “Secheon-gun, Hongcheon-gun Office” located in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of unregistered driving and application of the laws and subordinate statutes to the ledger of driver's licenses;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant was punished for driving under influence in 2012 and 2018, and that the Defendant did not have the license revoked due to driving under influence in 2018, etc., and thus, the Defendant’s act of driving without license in this case constitutes an element for sentencing unfavorable to the Defendant.

However, the fact that the defendant seems to have recognized and reflected the crime of this case, the fact that the defendant has no record of punishment for driving without a license or of severe punishment of suspension of qualification or more severe punishment, etc. shall be considered as factors for sentencing favorable to the defendant. In addition, the defendant's age, character and behavior, environment, motive and background of the crime, and circumstances after the crime, etc. shall be comprehensively taken into account as factors for sentencing as shown in the argument of this case, including the defendant's age, character and behavior

참조조문

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