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(영문) 제주지방법원 2016.04.08 2016고단73
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2016. 1. 14. 19:20 경 자동차 운전면허를 받지 아니하고, 제주시 한림읍 동명 1길 11에 있는 캡틴하우스 빌라 앞 도로에서부터 같은 읍에 있는 명월 사거리까지 1km 정도 C 쏘나타 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without licenses;

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. When considering the following circumstances as the reasons for sentencing under Article 62-2 of the Criminal Act, such as the protection and observation, community service, and order to attend a lecture: The fact of the crime is recognized and reflected; the driving distance is relatively short: The driving of the instant case while the driver's license is revoked due to drinking driving; the driving of the instant case has a history of criminal punishment for four times due to driving under the influence of alcohol or without a license (three times a penalty; one time a suspended sentence of imprisonment has been suspended); in particular, on April 26, 2013, the crime of violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (non-licenseless driving); the suspension of two years a suspended sentence; the probation and order to attend a lecture for eight months; and other facts that have the history of the instant crime; the Defendant's age, sex, environment, family relationship, etc.

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