(영문) 제주지방법원 2017.09.27 2017고단1471

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(영문) 제주지방법원 2017.09.27 2017고단1471

도로교통법위반(무면허운전)

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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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On March 6, 2017, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) at the Jeju District Court on March 6, 201, and on May 23, 2017, the Defendant issued a summary order of KRW 3 million to the same court on May 23, 2017.

[Criminal facts] On May 10, 2015:57, the Defendant driven a vehicle with B windowsom without the driver’s license in approximately 1.5 kilometers from May 10, 2017 to approximately 225 kilometers of the same Eup/Myeon from the road front of the water network distance in the Nam-gu, Nam-si, Nam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. The application of the Act and subordinate statutes to inquiries, such as criminal history;

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 (see, e.g., part of the grounds for sentencing)

1. The execution of a sentence shall be suspended, taking into account the fact that the person committed the instant non-licensed driving in spite of the fact that he/she had been punished one time by a fine due to driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, including the fact that he/she committed the instant non-licensed driving, considering the short interval of time for each crime, and the fact that the interval between times is deemed to be less and less likely to comply with the traffic laws and regulations on the road, but the sentence shall be decided by taking into account the fact that the person is against himself/herself, not causing any physical damage

참조조문

-형법 제62조 제1항

-형법 제62조의2

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