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(영문) 제주지방법원 2016.10.18 2016고단1562
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six 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

On July 20, 2016, 2016, the Defendant driven a car at least 2 km from the 4th-distance road in Seopo-si, Seopo-si, Seopo-si to the front of the Ilpo-dong in the same city, without obtaining a driver's license on July 20, 2016.

around 18:00 on November 16, 2015, the Defendant, “2016 Highest 1725, the Defendant, without a car driver’s license, driven a three-way car at approximately 1 kilometer from the construction site of the non-tin-distance-distance Chon-dong in Seopo-si, Seopo-si to the center of Seopo-si 62-ro 64, Seopo-si, Seopo-si, Hapo-do, to the front road of convenience stores.

Summary of Evidence

1. Statement by the defendant in court;

1. Registers of driver's licenses;

1. Details of driver's license revocation;

1. Previous records: Application of the Act and subordinate statutes to inquiry reports and investigation reports (attached to the relevant summary order), such as criminal records;

1. Relevant Articles of the Road Traffic Act and the choice of punishment for the crime: Each provision of subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act and the choice of imprisonment;

1. Concurrent crimes: the former part of Article 37, Article 38 (1) and (2), and Article 50 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the sentencing conditions under Article 51 of the Criminal Act);

1. Orders to put probation and attend lectures: The grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. shall be determined as the disposition, considering all of the following circumstances:

The favorable circumstances: The fact that all facts of the crime are recognized and considered to be favorable, and that the defendant will not repeat the crime in the future: there is only the fact that he was punished four times of a fine due to driving without a license, and that he was punished several times of a fine due to driving without a license. The defendant seems to be significantly lacking in awareness of traffic-related crimes, and in the case of the crime committed on November 16, 2015, the defendant caused a traffic accident that the defendant would drive without a license: the motive and motive of the crime.

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