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(영문) 제주지방법원 2016.09.30 2016고단1560

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

[criminal history] On May 23, 2016, the Defendant was sentenced to six months of imprisonment and two years of suspended execution for a crime of violating road traffic law (unlicensed driving) at the Jeju District Court on May 23, 2016. The judgment becomes final and conclusive on May 31, 2016 and is currently under suspended execution.

[2] On June 1, 2016, the Defendant was driving a motor vehicle with a level of 100 meters up to 13:50 on the road near the apartment complex located in Seopo-si 8002, Seopo-si, Seopo-si, Seopo-si, Seopo-si, 8002, from the 5-dong, Seopo-si, Seopo-si, Seopo-si, to the front of the CU convenience store located in 8004, Jungpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A driver's license inquiry;

1. Details of driver's license revocation;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the confirmation report during the period of suspension of execution of the same kind of crime);

1. Relevant legal provisions and the choice of punishment for criminal facts: Article 152 subparag. 1 and Article 43 (Unlicensed Driving) of the Road Traffic Act; Article 152 subparag. 1 and Article 43 (Unlicensed Driving) of the Criminal Act; Article 152 of the Defendant’s reason for sentencing a sentence of imprisonment with prison labor is recognized as all the criminal facts of this case, and it is more favorable that the Defendant scrapped a motor vehicle after the instant crime.

However, on December 24, 2003, the Defendant was sentenced to 6 months of imprisonment, 200 to 2 years of suspension of execution, and 4 million won of fine due to the same crime and the same violation of the Road Traffic Act (on August 21, 2012), and on May 11, 2015, the Defendant was sentenced to a fine of 4 million won due to the same crime and the violation of the Road Traffic Act (on May 11, 2015, he was sentenced to a fine for driving without a driver’s license and was subject to a two-year suspension of execution on May 23, 2016. The Defendant was sentenced to a two-year suspension of execution on June of 2016, and the Defendant was given a considerable opportunity for the same crime during that period.

In addition, the defendant was sentenced to a fine several times due to drinking driving, driving without insurance, traffic accidents, etc., and the defendant seems to have extremely weak compliance consciousness in traffic-related crimes.

In addition, the defendant on 2016.