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(영문) 제주지방법원 2017.12.22 2017고단1636
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around 00:50 on June 9, 2017, the suspension period of a driver's license of a motor vehicle, the Defendant driven a Korean-style motor vehicle owned by the Defendant from the Han River Port in Jeju-do Han-si, Han-si, Han-si, Jeju-do to the coast of 624 (Fluter-dong) on the 20km to the west coast of Jeju-si.

On July 1, 2017, 2017, the Defendant driven a B-hand car with alcohol content of about 0.105% at the 1km section from July 1, 2017 to the front of the 51st Jiny road at Jeju, from the road in front of the 3rd Jeju-do movement.

Summary of Evidence

"2017 Highest 1636"

1. Statement by the defendant in court;

1. "Power of driver's license" 2017 Highest 2312;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report the circumstantial statement of a driver driving and notify the results of regulating drinking driving;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (non-licensed driving point), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. There is no history of criminal punishment heavier than fines on the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, such as observation of protection, community service order and order to attend lectures, etc.

However, despite the fact that the defendant had been punished several times for a violation of the Road Traffic Act or a violation of the Road Traffic Act (non-licensed driving), he has been driving without the driver's license on the condition that he has suspended his driver's license due to drinking, and repeated the crime within a short time by driving under the ruling again.

In addition to these circumstances, the sentencing conditions, such as the circumstances after the crime, the age of the defendant, family relations, and the environment, shall be determined as per the order.

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