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(영문) 제주지방법원 2017.10.13 2017고단2095

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 25, 2017, the Defendant, without a driver’s license of a motor vehicle on July 25, 2017, driven a car with approximately KRW 3 km C motor vehicle from the Jeju-ro 91 S- Central Hospital to the road before the 30 bend of the same hour at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without licenses, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act: (a) the Defendant was under control three times due to drinking alcohol driving; (b) among them, the driver’s license was revoked due to drinking driving in 2013; (c) the Defendant, even on February 2, 2017, without being aware of the fact that he was sentenced to a summary order of a fine due to driving without a license; and (d) the Defendant, without being aware of the fact that he/she was making another driver’s license; and (e) the Defendant’s age, sexual behavior, environment, details of the crime, circumstances after the crime, etc., considered various sentencing conditions as indicated in