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(영문) 부산지방법원 2016.01.22 2015고단7226
도로교통법위반(무면허운전)
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 1, 2015, the Defendant driven a DF car without obtaining a driver's license from around 75 km to the front road of the Jung-dong Elementary-dong School located in the middle-dong of the Seocho-gu, Busan Metropolitan City on the 09:05 window of the Changnam-si, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on the ledger of driver's licenses and the details of revocation of driver's licenses;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Article 62 (1) of the Criminal Act on the stay of execution (Special Consideration, such as the reflection of the accused and the fact that there is no past record of the crime exceeding the fine);

1. On March 15, 2010, the Defendant was issued a summary order of KRW 500,000 for a fine of KRW 1.5 million for a violation of the Road Traffic Act (licenseless Driving) at the Busan District Court on March 15, 2010. On June 12, 2014, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (licenseless Driving) at the Busan District Court on September 1, 2014. On September 1, 2014, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (licenseless Driving) with the Busan District Court on March 30, 2015, and was issued a summary order of KRW 6 million for a violation of the Road Act (licenseless Driving) at the Yongsan District Court on March 30, 2015, and was also punished by imprisonment in light of the fact that the Defendant committed the instant crime.

Punishment shall be determined in consideration of the circumstances, such as the fact that the defendant reflects the crime, and protection and observation shall be imposed to prevent recidivism.

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