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(영문) 제주지방법원 2017.08.24 2017고단1197
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On December 29, 2016, at around 09:00, the Defendant, without obtaining a driver’s license, driven a Dt XG vehicle within a section of about 10 kilometers from the front of the Defendant’s residence in Jeju city to the front of the Defendant’s residence through the street in front of the same city north-ro in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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

1. The following conditions of sentencing are considered in light of all the reasons for sentencing of Article 62-2 of the Criminal Act: The circumstances unfavorable to the defendant: (a) the defendant was issued by the Jeju District Court on February 5, 2015 with a summary order of KRW 5 million due to a crime of violating the Road Traffic Act (driving driving) at the Jeju District Court on April 28, 2015; and (b) the defendant was issued a summary order of KRW 7 million due to a violation of the Road Traffic Act (driving driving), including the fact that he/she was sentenced to a summary order of KRW 7 million due to a violation of the Road Traffic Act (driving driving) at the above court on April 28, 2015; and (c) the records of punishment for a violation of the Road Traffic Act (driving driving) are four times or more;

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