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(영문) 제주지방법원 2020.08.13 2020고단1512
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 13, 2020, the Defendant, without obtaining a driver's license at around 10:20 on May 13, 2020, operated the Egallon vehicle from around 4 km section to D before Jeju City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of unregistered driving and application of the laws 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. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., taking into account the favorable circumstances among the reasons for sentencing) is that the instant crime is run without a license. The Defendant was punished for a violation of the Road Traffic Act in 2017, and the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act in the Jeju District Court on June 17, 2020, and three years for a suspended sentence of three years for a violation of the Road Traffic Act at the Jeju District Court on June 17, 2020, and the Defendant committed the instant crime in the course of the first instance trial.

However, it is advantageous to the fact that the defendant recognized the facts charged and seriously reflects the facts charged, and that the defendant has no record of punishment exceeding the same kind of crime or fine prior to the instant case.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes, etc. shall be determined as ordered by taking into account the various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set

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