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(영문) 제주지방법원 2016.06.23 2016고단543
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

피고인은 2016. 3. 24. 22:15 경 자동차 운전면허 없이 제주시 연동에 있는 ‘ 빕스’ 부근 도로에서부터 같은 동에 있는 ‘ 맥도날드 제주 공항 DT 점’ 앞 도로까지 약 300m 구간에서 C 투스 카니 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act on November 9, 2014, when driving without a license even though his/her driver’s license was revoked due to drinking on November 20, 2014, was issued a summary order of KRW 1 million on November 20, 2015, and the Defendant committed the instant crime on the only day of a month during which he/she was under control while driving without a license. In light of the fact that the Defendant repeatedly commits the crime without a license within a short period of time, the Defendant is subject to strict punishment.

However, in light of the fact that the defendant led to the crime of this case and repented his mistake, again, disposed of the vehicle of this case while he did not drive without a license, the two sentences in similar cases, the age, sex, environment, circumstances after the crime, and other various sentencing conditions as shown in the records and arguments of this case shall be determined as ordered by the order.

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