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(영문) 제주지방법원 2016.11.24 2016고단2089
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 May 3, 2016, at around 11:53, the Defendant driven a car in the column B without a driver’s license from approximately 1 km section from the front side of the Geum Yeung beach-gu, Seoul Special Metropolitan City to the 128 gold ridge distance in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement of a traffic accident-related person;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act: (a) due to the crime of violation of the Road Traffic Act (refluence of measurement), the defendant committed the crime of this case by driving the motor vehicle without a driver’s license despite the revocation of the driver’s license on May 30, 2015; (b) furthermore, the defendant caused traffic accidents; (c) on October 18, 2006, the Jeju District Court issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act (unlicensed Driving) at the Jeju District Court; and (d) on November 3, 2008, the above court issued a summary order of KRW 70,000 as a fine for the same crime; and (e) on April 26, 2016, the defendant committed the crime of this case without a driver’s license despite the issuance of a summary order of a fine of KRW 2 million on May 19, 2016.

However, in light of the fact that the defendant led to the crime of this case, the defendant has no record of criminal punishment exceeding the fine prior to the crime of this case, the sentencing example in similar cases, the defendant's age, character and conduct, environment, circumstances after the crime of this case, and other various sentencing conditions as shown in the records and arguments of this case, the punishment shall be determined as ordered.

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