(영문) 제주지방법원 2019.07.11 2019고단425

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(영문) 제주지방법원 2019.07.11 2019고단425

도로교통법위반(무면허운전)

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A defendant shall be punished by imprisonment with prison labor for up to six 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 March 2, 2019, around 07:30 on March 2, 2019, the Defendant driven a car in Category C with no driver’s license from around the front of the Defendant’s residence in Jeju-si to the front of the bus stop located in approximately 20 km-ro 6934 (Song Eup).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, and application of Acts and subordinate statutes to the driving license ledger;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act is due to driving of a motor vehicle without a license. The crime of this case is not good, and the defendant is two previous crimes of violation of the Road Traffic Act (unlicensed Driving) and is the cargo vehicle in this case. In particular, on February 1, 2017, the Jeju District Court issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act (Unlicensed Driving) at the Jeju District Court, and on October 13, 2017, issued a summary order of KRW 2 million, and on October 13, 2017, the same court has been sentenced to one year of suspended sentence for four months as imprisonment for the same crime.

However, the fact that the defendant recognizes the facts charged and seriously reflects the fact, and that the defendant seems to have scrapped the motor vehicle of this case is a favorable condition.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set

참조조문

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