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(영문) 대구지방법원 김천지원 2016.06.09 2016고단302
도로교통법위반(무면허운전)
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A defendant shall be punished by a fine of three million won or more and twenty days of detention.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On February 22, 2016, the Defendant driven D Poter freight without a driver’s license from a section of about 45 km from the border road located in the Yellow-si, Sinsi, Daegu-dong to the road located in the Dong-gu, Daegu-dong, Daegu-do. From around 16:00, the Defendant driven D Poter truck without a driver’s license, from a section of about 45 km from the road located in the Yellow-si, Daegu-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

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

1. Relevant Article of the Act and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, the fine and the choice of penal detention concerning the crime;

1. Article 158 of the Road Traffic Act concurrently sentenced to punishment;

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 is that the Defendant has already been subject to the suspension of the execution of imprisonment with prison labor, in particular, three times due to drinking driving, and that the Defendant is a crime of a suspended execution period due to drinking driving.

The instant vehicle was transferred.

In light of the fact that the transferee is the punishment of the defendant, it is doubtful that he/she would not drive the vehicle without a license again (the defendant made a false statement to the protection observation officer of the defendant). However, during the period of suspension of execution, he/she seems to have failed to repeat drinking during the period of suspension of execution, and was not under the influence of alcohol at the time of the crime of this case.

Although the defendant has a previous driver's license for the defendant, it is only ten years prior to and once more than 10 years. In addition, the sentencing conditions specified in the arguments in this case, such as the defendant's age, environment, and family relationship, shall be comprehensively determined as ordered.

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