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(영문) 제주지방법원 2020.03.27 2019고단2727

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal record] On October 11, 2019, the Defendant was sentenced to a suspended sentence of two years for one year at the Jeju District Court for the crime of violation of the Road Traffic Act, and the judgment was finalized on October 19, 2019.

[Criminal Case] On September 7, 2019, the Defendant was driving the Esch Rexton car from around 700 meters to around D stores in Jeju City without obtaining a driver's license on September 7, 2019, to the front of D stores in Jeju City without obtaining a driver's license on September 15, 201.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement of traffic accident-related persons prepared by the F;

1. Reports on the occurrence of traffic accidents by police preparation, reports on traffic accidents, the register of driver's licenses for motor vehicles, and entry into the register of vehicle loaded meetings;

1. Each image of the related photographs;

1. Previous records: Entry of inquiry report about police preparation, application of Acts and subordinate statutes to a statement of investigation report (including confirmation of the same kind of force and the fact that the period of suspension of execution is under investigation) prepared by the prosecution;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., 【The scope of the sentence to be sentenced by law】 One month or one year or one year or one year of imprisonment, which is disadvantageous to the defendant for two years of a suspended sentence: The defendant has been sentenced to a fine of three times as a crime of violating the Road Traffic Act between 1990 and 2015; a fine of five times as a crime of drinking driving; a suspended sentence of one imprisonment as a crime of drinking driving and a non-licensed driving; a suspended sentence of one imprisonment as a crime of driving under the influence of alcohol; and a fine of two times as a crime of non-licensed driving (one time is concurrent with the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents). The defendant is subject to the criminal