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Reasons
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(영문) 대전지방법원 2018.07.20 2017고단4934
도로교통법위반(무면허운전)
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 14, 2017, the Defendant driven a D-p motor vehicle without obtaining a driver's license from the Do in front of the fourth distance from the Taepyeong-gu, Daejeon, Daejeon, to the front side of the same Gangnam-gu Council member, about about 600 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting a crime, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order has a history of serving several times due to a licenseless driving, and in particular, the Defendant was sentenced to imprisonment for one year due to a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (licensed driving) on September 1, 2017, and its sentence became final and conclusive on September 9, 2017, and thus, the Defendant should be aware of the instant crime during the period of suspension of execution. In addition, the instant crime should be committed during the period of suspension of execution.

However, in light of the following: (a) the Defendant reflects his mistake; (b) the distance of the Defendant’s driving does not change to 600 meters; (c) the Defendant appears to have sold all vehicles in his name; (d) the Defendant is participating in rehabilitation programs to improve the wrong habits by itself; and (e) the circumstances that the suspension of execution would be deemed to be too harsh if the Defendant’s choice of imprisonment would be invalidated; (b) a fine shall be selected only once, but the maximum amount of the fine shall be imposed by taking into account the following factors: (a) the Defendant’s age, sexual behavior, environment, etc., and various sentencing conditions

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