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(영문) 제주지방법원 2017.10.20 2017고단2173

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 9, 2017, the Defendant driven a motor vehicle B in approximately 10km section from the border of Pyeongtaek elementary school near Sinpo City, Seopo-dong bus stops in Jeju-si to the front road of the Dong-dong bus stops in Dong-gu, Dong-si, Dong-si, Jeju-si, without a motor vehicle driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

1. Application of Acts and subordinate statutes to an inquiry letter of driver's license;

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 reasons for sentencing under Article 62-2 of the Criminal Act for the protection and observation of the accused and the order to attend a lecture are as follows: (a) even though the accused was punished by a fine due to a crime of violating the Road Traffic Act (unlicensed Driving) on July 2, 2000, and January 18, 2016, he/she again drives without a license; and (b) the accused’s age, sexual behavior, environment, background of the crime, circumstances after the crime, etc. are considered in consideration of various sentencing conditions set forth in the pleadings of the instant case, such as the Defendant’s age, sexual behavior, circumstances after the crime