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(영문) 제주지방법원 2016.04.15 2016고단189
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 1, 2016, the Defendant, without a driver’s license, driven a car from approximately 20 km to the road near Dong name-dong, the Dong name-dong, Hanpo-gu, Seopo-si, Seopo-si without a driver’s license on February 14:10, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant legal provisions and the choice of punishment for a crime: Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the same Act, and the choice of imprisonment;

1. Suspension of execution: The sentencing conditions under Article 62(1) of the Criminal Act (the following sentencing conditions are considered in light of the sentencing conditions under Article 51 of the Criminal Act as stated below) shall be determined as ordered in consideration of all the following circumstances.

The favorable circumstances: The facts constituting the crime are recognized and the driver will not drive without a license in the future.

The circumstances that are disadvantageous to the fact that there are two times the past records of being punished for a fine for the same kind of crime, and the situation that there is a lack of awareness of traffic-related crimes such as punishment for a violation of the Road Traffic Act, such as the motive and circumstance of the crime, circumstances after the crime, the defendant's occupation, age, and family relations.

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