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(영문) 제주지방법원 2017.08.18 2017고단1261
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On February 9, 2017, the defendant was sentenced to a suspended sentence of six months for a crime of violating road traffic laws at the Jeju District Court on February 9, 2017, and the judgment became final and conclusive on February 17, 2017, and is currently under suspended sentence.

On April 26, 2017, the Defendant, without obtaining a driver’s license, driven a truck truck truck freight vehicle from around the port near the port of the Dong-Eup in the Jeju-si, to the roads near the Hanpo-ro in the same city-Eup, Hanpo-gu, Hanpo-si, about 7.2 km from around 7.2 km to the roads near the Hanpo-ro in the same city-Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (finding of the fact that the period of suspension of the execution of a suspect), and copy of the sentence of the Jeju District Court 2016 High Court 2572;

1. The circumstances are favorable to the following, such as the pertinent legal provisions on criminal facts, Articles 152 subparag. 1 and 43 of the Road Traffic Act regarding the selective sentencing of imprisonment, the Defendant’s reason for sentencing of sentence of imprisonment, and the fact that the Defendant’s mistake is against himself/herself, the circumstances leading up to his/her driving if the Defendant alleged, some of the circumstances leading up to his/her driving, and the support of two spouse and minor children.

However, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor at the Jeju District Court on February 8, 2017, as stated in its holding on November 4, 2016, and the driver's license of a motor vehicle was revoked on December 22, 2016 due to the above drinking driving on December 22, 2016.

In other words, the driving of this case without the driver's license was 4 months after the cancellation of the driver's license, and about 2 months after the decision to suspend the execution of imprisonment due to the crime of drinking driving became final, and about 10 days after the decision to suspend the execution of imprisonment was made. Nevertheless, it is highly likely that the defendant will be subject to criticism.

(2).

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