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(영문) 제주지방법원 2016.06.15 2016고단208
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2] On January 28, 2004, the Defendant was sentenced to a summary order of KRW 300,000 to a fine for a violation of the Road Traffic Act (non-licenseless Driving) in the Daegu District Court Kimcheon, and on September 5, 2012, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act (non-licenseless Driving), and on February 8, 2013, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (non-licenseless Driving) and eight months for a violation of the Road Traffic Act (non-licenseless Driving) in the same court.

9.6. The same year as the above judgment becomes final and conclusive, and the sentence of suspension of execution becomes void, in the Daegu Prison, on May 30, 2014 during the execution of the sentence;

7. On January 27, 2015, the parole period expired, and on January 27, 2015, the Jeju District Court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (unlicensed Driving), and on January 27, 2016, the same court issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (unlicensed Driving).

[2] On 14:49 around 07, 201, the Defendant driven two cargo vehicles at B, without obtaining a motor vehicle driver’s license, at approximately 7.3 km in front of the bus stops located in the Gu-Eup, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Jeju around 15:00 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Control records, related photographs, ledger of driver's licenses for motor vehicles, and next time;

1. A report on investigation (verification of the distance of suspect);

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (formers and attachment of court rulings), investigation reports (the matters of previous convictions and confirmation of repeated crimes);

1. Relevant legal provisions and the choice of punishment concerning facts constituting a crime: Articles 152 subparagraph 1 and 43 of the Road Traffic Act;

1. Aggravation of repeated crimes: It is so decided as per Disposition for the reasons under Article 35 of the Criminal Act;

The extenuating circumstances of sentencing are the same kind of criminal record and eight times (B. 2. 1. 22. 2. 2. 1. 1. 1. 1. 1. 3. 1. 1. 1. 1.

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