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(영문) 제주지방법원 2016.01.14 2015고단1148
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On June 17, 2015, the Defendant: (a) driven a motor vehicle with Chigh speed without obtaining a driver’s license in the section of approximately 50 meters from the entrance of the main apartment at Seopo-dong, Seopo-dong, Hong-dong, Hong-dong, Hong-dong, to approximately 206 front of the 206-dong.

2. On June 21, 2015, the Defendant: (a) driven a motor vehicle with Chigh speed without obtaining a driver’s license from the entrance of the main apartment at Seopo-dong, Seopo-dong, Hongpo-dong, Hongpo-dong, at approximately 206, from around 50 meters to around 206, on June 21, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. License register;

1. Application of each statute on photographs;

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 (Consideration of favorable circumstances among the reasons for sentencing as follows);

1. In light of the fact that the defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, had been sentenced to a fine and a suspended sentence due to non-license or drinking driving, as well as to a punishment on two or more occasions in 2007 and 2010 (the defendant was sentenced to a fine by driving without a license and driving again at around 2012 after the execution of the sentence was completed) and that the defendant committed the crime of this case in the same manner, it is necessary to sentence the defendant more severe than a fine.

Since it is judged, a sentence of imprisonment is chosen.

However, in consideration of the fact that the driving place of the vehicle is only an apartment complex, the driving distance is relatively short, the facts constituting the crime are recognized, the disposal of the vehicle driven after the instant case and the fact that it is difficult to drive the vehicle without a license, and the fact that it is necessary to support the just mother and child, the execution of the sentence shall be suspended on the condition that an order to attend a lecture is issued.

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