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(영문) 제주지방법원 2020.05.15 2020고단409
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On February 19, 2020, the Defendant was sentenced to a suspended sentence of two years on a year by imprisonment for a violation of the Road Traffic Act at the Jeju District Court on February 19, 202, and the judgment became final and conclusive on February 27, 2020.

[Criminal Facts] On November 23, 2019, the Defendant driven a DPoter Ⅱ in the section of about 2 km from the front of Jeju City to the front of Jeju City without obtaining a driver's license at around 11:50 on November 23, 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. Statement of traffic accident-related persons prepared E;

1. Report on the occurrence of traffic accidents by police preparation, the register of driver's licenses for motor vehicles, and the report on traffic accidents;

1. Previous records: Entry of inquiry report made by the police into inquiry report made by the police, entry of the failure to take measures taken by the prosecution and report of the results of confirmation, entry of investigation report made by the prosecutor (including attached documents) on the preparation of the prosecution (in the course of trial, reporting of the indictment of this case) and application of statutes significantly

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 latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On the ground of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., 【The scope of the sentence to be sentenced by law】 One month or one year or one year or one year / 1 year / 2 year / 2 year or more of the sentence to be sentenced] The sentence against the defendant on April 11, 1994, in addition to the first sentence in the judgment of the defendant, 3 million won or more of a fine for the violation of the Road Traffic Act from the Jeju District Court on October 26, 2006, 2 million won or more of a fine for the violation of the Road Traffic Act, 2 million won a summary order from the same court on April 8, 2008, 1 million won of a fine for the violation of the Road Traffic Act from the same court on October 30, 2014 to the same court on October 30, 2014.

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