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(영문) 제주지방법원 2017.08.18 2017고단1517
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 1, 2016, the Defendant was sentenced to 8 months of imprisonment or 2 years of suspended execution as a crime of violating the Road Traffic Act at the Jeju District Court on September 1, 2016, and the judgment became final and conclusive on September 9, 2016 and is currently under suspended execution.

피고인은 2017. 5. 14. 09:15 경 제주시 516로 3157에 있는 ‘ 너 믈 재 휴게소’ 앞 도로에서부터 같은 시 516로 2695에 있는 ‘ 제주 컨트리클럽’ 입구 앞 도로에 이르기까지 약 4.5km 구간에서 자동차 운전면허 없이 C 코란도 밴 화물자동차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger and criminal place;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to such previous rulings, etc.);

1. The defendant's reasons for sentencing a sentence of imprisonment with prison labor is recognized, and his/her mistake is against the law applicable to the crime, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act regarding the selective crime, Article 152 of the Road Traffic Act regarding the selective punishment, and he/she does not drive again;

The sale of a motor vehicle is a favorable condition.

However, the Defendant was sentenced to a fine due to drinking driving in 2008, suspension of the execution of imprisonment due to driving under the same year, a fine due to drinking without a license in 201, a fine due to driving under the influence of alcohol in 201, a fine due to a driving without a license in 2014, and a suspended sentence of imprisonment and a surveillance of protection, etc. as in the previous conviction on April 26, 2016, and the special rules of the protective observation order include “not to drive a motor vehicle until a driver license is acquired”.

Nevertheless, it is highly likely that the Defendant would be subject to a license without permission during the standards for probation and protection observation, and considering the fact that the Defendant had already been subjected to two times or two times of traffic crimes, there are some circumstances to consider the circumstances in which the Defendant would drive, as claimed by the Defendant.

Even if severe punishment is needed, it is inevitable to punish.

In addition, the age, sex, environment, and age of the defendant;

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