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(영문) 제주지방법원 2019.09.06 2019고단1174
도로교통법위반(무면허운전)
Text

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

Reasons

Punishment of the crime

[criminal record] On December 10, 2015, the defendant was sentenced to a suspended sentence of 8 months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) and the Road Traffic Act (driving without Driver's License). On May 17, 2017, the same court was sentenced to 8 months for a violation of the Road Traffic Act (driving without Driver's License) and the suspended sentence became final and conclusive on May 25, 2017, and the said suspended sentence was invalidated on May 21, 2018 and the parole period passed on July 21, 2018.

[Criminal Opinion] On May 26, 2019, the Defendant was driving a E E E E E E E e-sports car at a distance of about 400 meters from the road that meets the “C police box” in Jeju-si, without obtaining a driver’s license, at around 15:50 on May 26, 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. Entry into the register of driver's licenses for police preparation;

1. Previous records: Statement of inquiry inquiry report about police preparation, application of Acts and subordinate statutes (including attached documents) recording an investigation report (verification of repeated records, etc.) 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 reason for sentencing under Article 35 of the Criminal Act among repeated offenders 【The scope of the sentence imposed under the law】 One month or two years (where repeated crime is aggravated), 【The sentence of sentence’ 【The sentence of imprisonment with prison labor for six months: a summary order of KRW 3 million from the Busan District Court on May 7, 2003; a summary order of KRW 1 million as a fine for a crime of violating the Road Traffic Act (free Driver’s License) from the Jeju District Court on April 30, 2005; a summary order of KRW 1 million as a fine for a crime of violating the Road Traffic Act (free Driver’s License) from the Jeju District Court on June 18, 2013; and a fine of KRW 300,000,000 as a crime of violating the Road Traffic Act (free Driver’s License) from the same court on June 18, 2013.

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