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(영문) 제주지방법원 2016.05.25 2016고단518
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

On March 17, 2016, the Defendant driven a vehicle 2 km from around 14:00 without obtaining a driver’s license for a motor vehicle on March 17, 2016, to the front day of the Jeju-do, in front of the Jeju-do, which is located in the Jeju-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the driver's license ledger and control manual;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances that are favorable to the determination of the punishment as ordered by the order, considering the following circumstances as the reasons for sentencing in Article 62-2 of the Criminal Act: The fact of the crime is recognized and contradictory to the fact of the crime: The fact that the driving of the instant case is not good (in particular, the Defendant was sentenced to the two-year suspended sentence on July 18, 2013 due to the crime of violating the Traffic Act (drinking on July 18, 2013), even if he was sentenced to the two-year suspended sentence on July 18, 2013, and was already sentenced to a fine on one occasion during the suspended sentence period, and has a history of being sentenced to criminal punishment for driving under drinking or non-licensed driving (five-year penalties, five times the suspended sentence of imprisonment, three times the suspended sentence of imprisonment), and the fact that the police officer was found to have been drinking while driving under the influence of the Defendant while regulating drinking, such as age, character, environment, etc. of the Defendant;

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