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Defendant shall be punished by a fine of KRW 2,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On February 13, 2018, the Defendant was sentenced to a suspended sentence of two years on May 18, 2018, due to a violation of the Road Traffic Act (unlicensed Driving) at the Busan District Court Seo branch, and the said judgment became final and conclusive on May 18, 2018.
On May 18, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle around 18:15, driven a Cho-do car at a section of about 8 kilometers from the front of the navigation city in the Gangseo-gu Busan Metropolitan City, to the front of the road located in the lower end of the same city-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the situation of driving without a license and report on detection of a driver without a license;
1. The driver's license ledger;
1. Unlicensed driver's photograph;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on confirmation of the result of the disposition, and application of the statutes governing the judgment;
1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting a crime;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the defendant had already been punished twice due to driving without a license, and the driving without the driver’s license of a motor vehicle is likely to be criticized and that the defendant is disadvantageous to the defendant.
However, the circumstances favorable to the defendant, such as the confession of the defendant to commit a crime, the fact that his mistake is divided, and the balance between the case of being tried with the crime of violating the Road Traffic Act (unlicensed Driving) as stated in the judgment of suspended execution, etc., and the records, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., and all the sentencing conditions in the process of the change shall be determined as per the order.
It is so decided as per Disposition for the above reasons.