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(영문) 제주지방법원 2019.06.13 2019고단48
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for four 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 January 2, 2019, the Defendant, without obtaining a driver's license at around 07:40 on January 2, 2019, driven a motor vehicle in the E Sp-type section from around 3 km to the front road in Jeju-si, Jeju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, and application of Acts and subordinate statutes to the driving license ledger;

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 conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. On the ground of sentencing under Article 62-2 of the Criminal Act, the crime of this case was driven without a license, and the crime of this case was committed on two occasions prior to the instant case, and the Defendant was found to have been punished for the violation of the Road Traffic Act (driving) on December 6, 2018, prior to the instant case, and was found to have been committed for the violation of the Road Traffic Act (driving on May 2, 2019) and the Road Traffic Act (the summary order was issued by this Court No. 2018Da8283, May 2, 2019).

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.

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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