logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.08.12 2016고단900
도로교통법위반(무면허운전)
Text

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 March 7, 2016, at around 02:20, the Defendant driven a motor vehicle B, without a motor vehicle driver's license, at approximately 500 meters away from the road on the road in the Kimhae-si, Kimhae-si, but from around 500 meters to the front of the oil station.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of suspected providers of violating the Traffic Act (unlicensed driving) on the road and reporting on the situation of unlicensed driving;

1. Application of Acts and subordinate statutes to a driver's license;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to the detention in the Nowon-gu District Court on April 10, 2014, the Defendant was sentenced to imprisonment for two years and six months, and three years of suspension of execution, which became final and conclusive on April 18, 2014, and is currently in the grace period. The Defendant was notified of a summary order of KRW 5 million by the same court on August 13, 2015 due to a crime of violating the Road Traffic Act (licenseless Driving) in addition to the fact that the Defendant was notified of a summary order of KRW 5 million, and that the same criminal records are more than five times more favorable to the Defendant.

However, if the defendant is sentenced to a punishment, it is judged that the suspension of execution will be revoked and that it would be harsh to serve two years and two months, which is the remaining term of punishment. In addition, in consideration of the defendant's age, sex, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of a fine like the order shall be imposed only once, taking into account the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, motive, means and consequence.

arrow