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(영문) 제주지방법원 2017.08.09 2017고단672
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

[Criminal Records] The Defendant’s charge of violating the Road Traffic Act at the Jeju District Court on February 10, 1999; the same year

7.7. The same court was sentenced to a fine of two million won for the same crime; on August 18, 200, to a suspended sentence of ten months; on December 28, 2001, the same court was sentenced to a fine of three million won for a crime of violating the Road Traffic Act (non-licensed driving) in the same court on February 7, 2006; on July 13, 2009, to a fine of three million won for a crime of violating the Road Traffic Act (non-licensed driving); and on May 3, 2011, the same court was sentenced to imprisonment for the same crime in the same court.

[Criminal facts]

1. On February 6, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a B-type truck without a driver’s license within approximately 300 meters from the entrance road of the same literary market parking lot located in the same City/Do to the front of the road located in the same City/Do, from the entrance road of the same Dong-type market parking lot located in the same City/Do.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) was a person who owns B Poter Cargo and operated the said Poter, which was not covered by mandatory insurance, as stipulated in paragraph (1) at the time and place stipulated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Investigation report (a summary of an order issued and a copy of the judgment attached);

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (unlicensed Driving), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds of sentencing as follows);

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order to attend lectures are three times the calendars serving in prison after being sentenced to imprisonment due to driving without a license in the past.

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