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Reasons
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(영문) 울산지방법원 2015.01.30 2014고단3580
도로교통법위반(무면허운전)
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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 December 12, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the judgment became final and conclusive on December 20, 2014.

At around 13:30 on November 13, 2014, the Defendant driven B K5 cars without the driver’s license from the front side of the Gyang-gun, Ulsan-gun, Seoyang-gun, Seoyang-do to the front side of the license examination site for North Korea in the same 3km away from the front side of the Gyang-gun, Seoyang-gun, Seoyang-gu, Ulsan-do.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. Report on the circumstances of driving without a license;

1. Previous records of judgment: Application of Acts and subordinate statutes to the accused's legal statement, criminal history records, and investigation reports (former and previous reports);

1. Article 152 of the Criminal Act and Articles 152 subparagraph 1 and 43 of the Criminal Act concerning the relevant criminal facts, the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is one time for the defendant, the fact that the driver's license has been revoked due to the previous conviction is against the defendant's unfavorable elements for sentencing, the defendant is against the defendant when committing a crime, the fact that the defendant was committed before the previous conviction, the fact that the defendant has no record of driving without a license has no record of driving, and other conditions of sentencing, such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc., shall be determined in accordance with the order.

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