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(영문) 제주지방법원 2016.04.15 2016고단217

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On January 15, 2016, the Defendant, without the driver’s license of a motor vehicle, driven Bone Star bus at a section of about 1 Km from the vicinity of the “bigtoo Recreation Complex” to the road before the “greensan cafeteria” in the same manner, without a driver’s license of a motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant legal provisions and the choice of punishment for a crime: Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the same Act, and the choice of imprisonment;

1. Suspension of execution: The sentencing conditions under Article 62(1) of the Criminal Act (the following sentencing conditions are considered in light of the sentencing conditions under Article 51 of the Criminal Act as stated below) shall be determined in consideration of all of the following circumstances:

The favorable circumstances: The facts of the crime are recognized and the facts of the crime are considered to be all more favorable: there are two times the punishment of fine for the same kind of crime; the defendant has no record of obtaining a license; and the defendant is decided as above on the basis of the driving distance, motive and circumstance of the crime; circumstances after the crime was committed; the defendant's occupation, age, and family relationship.