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(영문) 제주지방법원 2017.02.16 2016고단2828
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 25, 2016, the Defendant, without obtaining a driver’s license, driven a B-wing truck from about 1 km to the front road of the door-to-door 1, 2016, the Korea Fire Door 2131, Dong 1, Dong 2131, from the front of the fire doors to the front road of the gas charging station in Jeju.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal explanatory note;

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

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include two times due to the crime of non-licensed driving and the crime of driving under influence without a license. In particular, even if a fine of KRW 4 million was issued on December 4, 2015 due to the crime of non-licensed driving and driving under influence, the Defendant committed the crime of non-licensed driving in this case. In light of the fact that the Defendant repeatedly prevents the Defendant from repeatedly driving without a license or driving under influence during the short term.

However, in light of the fact that the defendant led to the crime of this case and repented his mistake, the defendant has no record of criminal punishment beyond the fine, the amount of punishment in a similar case, the age, sex, environment, circumstances after the crime, 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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