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(영문) 제주지방법원 2018.02.20 2017고단2934
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. 2017. 9. 14. 자 도로 교통법위반( 무면허 운전) 피고인은 2017. 9. 14. 12:30 경 자동차 운전면허를 받지 아니하고 제주시 외도동에 있는 더 팰리스 2차 아파트 부근 도로에서부터 같은 시 노형동에 있는 중앙병원 부근 도로에 이르기까지 약 3km 구간에서 C 벤츠 승용차를 운전하였다.

2. On September 14, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) on September 23, 2017, the Defendant driven a Cbenz car in the section of about 3 km from the road near the old-distance road in the Jeju Nowon-si, to the peace in the same Dong, without obtaining a driver’s license on September 23, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Vehicle photographs (5 times a month), the situation report on driving without a license (6 times a month), and the driver's license ledger (6 times a month);

1. Application of the Acts and subordinate statutes to the criminal and driver's license ledger (net 14);

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 suspended execution;

1. On September 2, 2016 and May 23, 2017, the Defendant for the reason of sentencing under Article 62-2 of the Criminal Act: (a) even though each court was punished by a fine due to an unlicensed driving crime, the Defendant once again drives a non-licensed driving twice for ten (10) days, which is not even known to anyone. If the Defendant is a driver, he/she should be punished by a severe punishment.

However, in consideration of the fact that one's mistake is recognized, the fact that there is no more severe punishment than a fine, the fact that one's young children should be supported, and other circumstances that are shown in the arguments of this case, such as the defendant's age, sexual conduct, environment, circumstances after the crime, etc., the punishment as ordered shall be determined.

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