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(영문) 제주지방법원 2021.01.22 2020고단2451

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

The prosecutor stated "6." in the indictment on September 2020, however, according to the evidence records, the defendant seems to have clearly written the "9."

Therefore, such recognition does not materially disadvantage the defendant's exercise of his right to defense.

Since it is judged, the above mentioned statements shall be corrected without the amendment process.

23. Around 16:20 driver's license for a FN-type car at the 1km section from the front of C in Jeju-si to the front of E in Jeju-si from the front of C to the front of D.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect examination protocol against the defendant prepared by the police;

1. Application of the Acts and subordinate statutes entered in the register of driver's licenses in the police preparation;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend the Course of Education / [The scope of applicable sentences under the law] The sentence of one month to one year / one year ] imprisonment with prison labor : the summary order of 20,000 won a fine for violating the Road Traffic Act from the Gwangju District Court on January 8, 197 to the interest support of the head of the Gwangju District Court on July 6, 1982; the summary order of 100,000 won a fine for violating the Road Traffic Act on July 6, 1982; the summary order of 200,000 won a fine for violating the Road Traffic Act from the Busan District Court's branch on June 9, 1993 to the same offense as a violation of the Road Traffic Act; the summary order of 500,000 won a fine from the Jeju District Court on April 11, 1998 to a fine of 2.