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(영문) 광주지방법원 순천지원 2016.07.05 2016고단580

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

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

On March 18, 2016, the Defendant driven B car without obtaining a driver’s license from the Intersection of the Yong-gun, the Yong-gun, the Yong-gun, the Southern-gun, to the KBS third distance in the old-gu, the Young-gun, the Young-gun, the Young-gun.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without licenses;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The portion of the crime committed in the same manner as the orders issued by the defendant for the prevention of recidivism, in light of the reasons for sentencing under Article 62-2 of the Criminal Act by the defendant for observing protection and attending lectures and the criminal records of the same kind of crime (not

1. On March 18, 2016, the Defendant: (a) around 16:00 on the charge, driven a B car without obtaining a driver’s license on the section of approximately 30 KK from 445 KBS to 30 KBS distance in the south-si, south-si, south-do, the intersection at the intersection of the Yong-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City); and (b) the Defendant driven the B car without obtaining a driver’s license on the section of approximately 30 KK.

2. The evidence submitted by the public prosecutor alone is insufficient to recognize the starting point of driving and the distance of driving as stated in the facts charged (the protocol prepared by the judicial police officer, the protocol prepared by the defendant on the distance from the starting point of driving in the above case, and the protocol submitted by the public prosecutor, are inadmissible and inadmissible as evidence). There is

Therefore, the part of the facts charged as above shall be pronounced not guilty by the latter part of Article 325 of the Criminal Procedure Act because it constitutes a case where there is no proof of a crime, but as long as it is found to be guilty of a violation of the Road Traffic Act (licenseless Driving) in the judgment in the relation of a single crime, the court shall not render a separate verdict of innocence (it does not interfere with the defendant's exercise of right