(영문) 제주지방법원 2017.07.12 2017고단1323

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(영문) 제주지방법원 2017.07.12 2017고단1323

도로교통법위반(무면허운전)

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A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] On April 12, 2017, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a violation of road traffic law (unlicensed driving) at the Jeju District Court on April 12, 2017, and the judgment became final and conclusive on April 20, 2017, and is currently under suspended sentence, five times the record of criminal punishment for non-licensed driving.

[2] On April 28, 2017, around 13:37, the Defendant driven a C-wing truck without obtaining a driver’s license from the 1km section of around 1km to the same Eup/Myeon from the 3574-ro 180-ro to the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Relevant photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification during the suspension of execution);

1. Before the relevant Article of the Act and Articles 152 subparag. 1 and 43 of the Road Traffic Act relating to the criminal facts, the accused has the record of criminal offenses subject to suspended execution of imprisonment with prison labor by driving without a license, etc. and three times of fines, prior to the reason for sentencing.

Nevertheless, since the suspension of the execution of imprisonment and the observation of protection, and the order to attend lectures have not been issued for one month since they became final and conclusive, they can not peep the opening with the driver's license.

In addition, it is very rare that the defendant's awareness of compliance with the road traffic laws and regulations is considered to repeat the unauthorized driving, etc.

The decision is judged.

Considering these points, the sentence like the order shall be imposed in consideration of the fact that the defendant is sentenced to imprisonment with prison labor, and the sentence of imprisonment with prison labor that was sentenced before the suspension of execution is revoked, reflects the fact that the defendant is serving in prison, and drives the defendant to go to the hospital.

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