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(영문) 제주지방법원 2017.07.14 2017고단949
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 24, 2017, the Defendant was sentenced to a suspended sentence of six months of imprisonment for a crime of violating the Road Traffic Act at the Jeju District Court on January 24, 2017, and the said judgment became final and conclusive on February 1, 2017, and is currently under a suspended sentence.

On March 23, 2017, the Defendant driven a B rocketing car without a driver’s license from the hotel parking lot from around 10 km to the natural street in the same west-dong from the hotel parking lot to around 10 km in the same west-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the ledger of driver's licenses and the circumstances of driver's licenses;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a copy of a decision on driving a suspect's drinking alcohol), investigation report (the period during which the period of probation is suspended - confirmation

1. A favorable circumstance is that the Defendant recognized a criminal act, reflects his/her mistake, and support two minor children, such as Article 152 subparag. 1, Article 43 of the Act on the Road Traffic, Article 152 subparag. 1, and Article 153 of the Road Traffic Act regarding criminal facts, and Article 152 of the Act on the Road Traffic Selection.

However, the Defendant was punished by a fine for a crime of drinking alcohol driving in 2011 and 2015, and was indicted on October 28, 2016 due to his/her driving under the influence of alcohol, and on January 24, 2017, the judgment became final and conclusive on February 1, 2017, and the said judgment was revoked on December 18, 2016 due to his/her driving under the influence of alcohol.

In other words, the time passed since the cancellation of the driver's license of this case, about three months, and about one month and 20 days from the time when the decision that sentenced the suspension of the execution of imprisonment due to the crime of drinking driving became final. As above, the defendant who already was punished several times due to the crime of drinking driving, and is under the suspension of the execution of imprisonment, and is obliged not to commit a traffic crime again.

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