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(영문) 제주지방법원 2013.11.22 2013고단981
도로교통법위반(무면허운전)
Text

A person shall be punished by imprisonment with prison labor for not less than two months and by imprisonment for not more than six months for a crime of No. 2 of the judgment.

(2).

Reasons

Punishment of the crime

(2) On November 10, 201, the Defendant was sentenced to a suspended sentence of four months for a violation of the Road Traffic Act (unlicensed Driving) at the Jeju District Court on November 18, 201, and the judgment became final and conclusive on November 18, 201.

【Criminal Facts】

1. At around 20:00 on August 16, 201, the Defendant, without obtaining a driver’s license, driven a C-T-T-T-T-A-A-A-A-A-A-A-A-A-A-A-A-A-A-

2. Around 08:00 on July 14, 2013, the Defendant, without obtaining a driver’s license, driven C. P. P. P. C at a 2 km section from the c. B. B. B. to the entrance of the construction site at the same construction site.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Handling concurrent crimes: latter part of Articles 37 and 39 (1) of the Criminal Act (the crime of Article 1 at the time of the market is concurrent crimes with the crime of violation of the Road Traffic Act (unlicensed Operation) as judged by a final judgment);

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

1. Probation: (a) considering all the following circumstances as the reasons for sentencing in the main sentence of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, a sentence shall be determined as per the order, taking into account all the circumstances as follows: Recognizing the favorable circumstances: (b) recognizing and reflecting the facts of the crime; (c) considering the fact that a part of the crime was committed during the suspension period of execution due to the same kind of crime; and (d) equity between the case where a number of criminal records exist for the same kind of crime and the case where a decision is rendered at the same time: (a) taking into account the criminal facts of the crime of violation of the Road Traffic Act (driving the instant vehicle at a section of about 400 meters without a license) and overall circumstances; (b)

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