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(영문) 제주지방법원 2017.02.16 2016고단2485

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【The Defendant was sentenced to a suspended sentence of two years on May 15, 2015 for a violation of road traffic laws at the Jeju District Court on May 15, 2015, which became final and conclusive on May 23, 2015.

【Criminal facts】 2016 Highest 2485】

1. On October 30, 2016, around 23:55, the Defendant driven a three-dimensional sports vehicle without obtaining a driver’s license from around about 10 meters from the Do in front of the T or Mosel, which is located in the T or Mosel-ro 17-lane, to the same Mosur road.

"2016 Highest 2604"

2. On January 8, 2016, the Defendant: (a) was driving a C-Th motor vehicle at a section of approximately 200 meters, without obtaining a driver’s license, from around 200 meters to the front road of the C-Thn elementary school located in the Jeju-si Nowon-si, not in the same city from the front Do; and (b) was driving a C-Th motor vehicle at around 63 meters.

Summary of Evidence

"2016 Highest 2485"

1. Statement by the defendant in court;

1. Written statements related to D traffic accidents;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The driver's license ledger (A) of a motor vehicle (2016 high group 2604);

1. Statement by the defendant in court;

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

1. "Prior record of judgment" of the driver's license ledger;

1. The application of Acts and subordinate statutes to refer to inquiries, such as criminal history, report on investigation (the previous and confirmation thereof), report on the results of confirmation of the previous conviction of the disposition, and report on investigation (report on the previous conviction and attachment

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

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) despite the revocation of a driver’s license on January 21, 2013, the Defendant was sentenced to a suspended sentence of two years on May 15, 2015 due to a violation of the Road Traffic Act and a violation of the Road Traffic Act by the Jeju District Court on May 23, 2015, and was sentenced to a suspended sentence of two years on May 23, 2015.