logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.10.11 2019고단3786
도로교통법위반(무면허운전)
Text

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 June 22, 2019, at around 19:40, the Defendant driven BM5 automobiles without a car driver's license on a approximately four km section from the front day of the Gamban Highway, Seoul, the Hanam-si, the first day of which to the roads 20.6km away from the front day of the Gamban Highway, Seoul, the Hanam-si, the second day of which to the roads 20.6km.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the standing report on driving without a license, and driver's license inquiry;

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 of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order has the history of serving five times the defendant was punished for driving under influence of alcohol, and one of them was punished for an ordinary concurrent crime with the unlicensed driving.

During the period of probation due to drinking driving, this case'sless driving was conducted.

However, there is a depth of the defendant's mistake, and there are circumstances that can be considered in the process and motive of driving on the day of the case.

The defendant seems to have lived using public transportation after cancelling his license.

After this case, the defendant disposed of the vehicle with the consent of the wife.

The above suspended sentence is assessed to raise the possibility of criticism for repeated drinking driving, and in this case, the defendant did not drive in the state of drinking.

When a sentence is sentenced, the suspension of execution is revoked and the defendant is somewhat harsh.

In addition, the punishment as ordered shall be determined in consideration of the age, character and conduct, career, environment, background and result of the crime, the circumstances after the crime was committed, and all the sentencing conditions specified in the records and arguments of this case.

arrow