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(영문) 제주지방법원 2017.11.15 2017고단1589
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] On November 4, 2015, the Defendant was sentenced to a two-year suspended sentence of six months for a crime of violating the Road Traffic Act (unlicensed Driving) at the port support of the Daegu District Court on November 4, 2015 and was sentenced to a two-year suspended sentence on November 12, 2015, and was subject to criminal punishment for driving without a license five times.

[Criminal facts] On April 26, 2017, the Defendant driven a CKan-Engine without obtaining a driver’s license from approximately 1 km section from the scco mn, which is linked to Jeju-si, to the new scke road, to the new scke, as in the same faith.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger (A);

1. The next inquiry (C);

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, investigation report (A), and Acts and subordinate statutes during the period of suspension of execution;

1. The criminal defendant has the record of having been sentenced to one time a suspended sentence of imprisonment with prison labor and four times a fine due to a crime of violating the Road Traffic Act (unlicensed Driving) prior to the reason for sentencing a sentence of imprisonment with prison labor, prior to the pertinent Article of the Act and Articles 152 subparag. 1 and 43 of the Criminal Act regarding the criminal facts, and the punishment of a fine

Nevertheless, it is difficult to see the situation of the opening with the driving without the license during the period of the suspension of the execution of imprisonment.

In addition, it is very rare that the defendant's awareness of compliance with the road traffic laws and regulations is considered to repeat the unauthorized driving, etc.

The decision is judged.

Considering these points, the sentence like the order shall be sentenced in consideration of the fact that the defendant is against the punishment of imprisonment, and the defendant raises a minor under the mixed custody.

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