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(영문) 제주지방법원 2017.03.24 2016고단2887
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four 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

1. On October 4, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a car at approximately 25 km from the Do adjacent to the Jeju Investment Promotion Zone, Seopo-si, Seopo-si, Seopo-si to the mother camping ground located in the same Si/Spo-si.

2. The driver of any motor vehicle that violates road traffic Acts shall be prohibited from threatening or endangering any other person or causing any danger to road traffic repeatedly or repeatedly by committing any act, such as violation of the median line or the method of passing ahead, etc.;

Nevertheless, the Defendant, at around 16:00 on October 4, 2016, driven the car as set forth in the above paragraph 1, and proceeded with the E company located in D at Seopopopopo City, along the road from E company to 516 roads, the Defendant invadedd the central line over two occasions, even though other vehicles are driving ahead of the Defendant’s car on the opposite side for overtaking.

As a result, the Defendant has repeatedly driven the central rupture and repeated the act of violation of the method of passing ahead, thereby threatening or endangering others or causing danger to traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. Mobile web information documents, black stuffs image photographs;

1. Application of Acts and subordinate statutes to inquiries into a license ledger;

1. Relevant legal provisions of the Act and Articles 151-2, 46-3, 2, and 6 (Influence of breadth), and 152 subparagraph 1, and 43 (Influence of Unlicensed Driving) of the Road Act concerning the facts constituting an offense, 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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the defendant's erroneous reasoning for sentencing of Article 334 (1) of the Criminal Procedure Act of the Criminal Procedure Act recognizes his/her mistake, the defendant has the record of three times or more due to driving of drinking, and thus, has the record of being punished.

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