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(영문) 제주지방법원 2019.08.30 2019고단411

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 20, 2019, the Defendant driven a DPoter II vehicle owned by the Defendant from approximately 1.7km to the parking lot located in C from the front of Seopo-si, Seopo-si without obtaining a driver's license on February 17, 2019.

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 E;

1. Report on the occurrence of a traffic accident by police preparation, report on a traffic accident, inquiry into the vehicle owned by a defendant, and entry into the register of driver's licenses on an accused vehicle;

1. Application of each video statute to a scene photograph;

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. 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 imposed under the law】 One month or one year or one year of imprisonment, and two years or more of imprisonment: the defendant is sentenced to a summary order of 500,000 won as a fine for the violation of the Road Traffic Act at the Jeju District Court on July 15, 1994; the summary order of 700,000 won as a fine for the same crime at the same court on September 19, 197; the summary order of 1.5 million won as a fine for the violation of the thieth Road Traffic Act; the summary order of 1.5 million won as a fine for the violation of the thieth Act; the summary order of 2 million won as a fine for the violation of the Road Traffic Act; the same court on May 8, 199; the same on March 30, 2006, by the same court on the same violation of the Road Traffic Act (16.