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(영문) 제주지방법원 2017.02.09 2016고단2660
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

"2016 Highest 2660"

1. On November 27, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle around 13:46 on November 27, 2016, driven a BW-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

"2016 Highest 2933"

2. At Jeju, the Defendant is an employer who employs six full-time workers under the trade name of Co. D Co., Ltd. 202 and engages in construction business.

The Defendant did not pay the wages of KRW 2,80,00,00 for workers E employed by the said workplace from September 1, 2016 to September 30, 2016, the wages of KRW 2,80,000 for workers F, the wages of KRW 2,80,000 for workers G, the wages of KRW 2,00,000 for workers H, the total wages of KRW 10,40,000 for workers H, and the total wages of KRW 10,40,000 for each worker within 14 days from the date of his/her retirement, without any agreement on the extension of the payment period.

Summary of Evidence

"2016 Highest 2660"

1. Statement by the defendant in court;

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

1. "Motor vehicle driver's license ledger 2016 Highest 2933";

1. Statement by the defendant in court;

1. E statements;

1. A petition or power of attorney;

1. Application of Acts and subordinate statutes concerning specifications of payment of daily labor costs;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (unlicensed Driving), Articles 109 (1) and 36 of the Labor Standards Act, and the choice of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures was that the Defendant, on October 31, 2016, when his/her driver’s license was revoked on October 10, 2015 due to the crime of drinking alcohol, he/she was under the control of driving without a license on October 31, 2016. In addition, the Defendant committed the instant non-licenseless driving crime, and the Defendant did not liquidate the four employees a total of KRW 10,400,000.

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