(영문) 서울동부지방법원 2014.01.16 2013고단2846

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(영문) 서울동부지방법원 2014.01.16 2013고단2846

도로교통법위반(무면허운전)

Text

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 September 11, 2013, at around 10:25, the Defendant driven a CNA car from the front of the Madolu Station located in Gwangjin-gu Seoul, Songpa-gu, Seoul to the front road of about 1.2 km-dong, 34 Dok-dong, Songpa-gu, Seoul, without a car driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the de facto survey report, traffic accident occurrence report, and driver's license ledger;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning facts constituting a crime;

1. Articles 70 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 is that the defendant, on June 9, 2011, was sentenced to imprisonment for the same crime at the Seoul Eastern District Court, for eight months, and for two years of suspended execution, but again commits the crime of this case, which is the same crime, again, even if the defendant was punished twice for the same crime, and that the defendant was punished twice for the same crime, which is disadvantageous to the defendant.

However, there are extenuating circumstances that are favorable to the defendant, such as the fact that the defendant has already divided his mistake in depth, that there is some reason to take account of the circumstances leading the defendant to drive on the day of the crime in this case, that if the defendant choose imprisonment for the crime in this case, the suspension of the previous execution has been revoked, and that if the defendant is sentenced as the most, it is difficult for the defendant to support the defendant as the most difficult, and that the defendant again disposed of the vehicle that he operated with the intention of not committing the same kind of crime.

In light of the above circumstances, the Defendant’s age, character, conduct, occupation, and environment as well as all the circumstances revealed in the process of the instant pleading shall be determined as per Disposition, taking into consideration.

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