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(영문) 인천지방법원 2018.08.29 2018고단4587

도로교통법위반등

Text

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

Reasons

Punishment of the crime

The driver of a motor vehicle is a clerical error in the "Article 46 (3) of the Road Traffic Act" in the facts charged in a public complaint of Article 46-3 of the Road Traffic Act, and thus the driver is corrected.

Two or more acts from among the acts provided for in the subparagraphs shall not threaten or endanger others or cause danger to traffic by continuing or repeating one act.

Nevertheless, on May 27, 2018, the Defendant, without obtaining a driver’s license on a motor vehicle on 22:50 on May 27, 2018, operated the CMW GT car and proceeded in violation of the stop signal on the road in front of the 1439 Bai-gu Incheon Bupyeong-gu, Bupyeong-gu, Incheon, Samsan Police Station, ordering a slope D, etc. belonging to the Incheon Samsan Police Station to stop while moving the patrol vehicle, and attempted to flee by disregarding the concern that the fact of driving without a driver’s license is discovered.

Accordingly, the Defendant, from the above road to the front road of the entrance of the Youngdong Highway in Incheon Metropolitan City, 20 km away from the 10km section of the signal violation, 5 times the central line bed, and caused danger to traffic by continuing or repeating it.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of any violation of the traffic laws on roads (unlicensed driving or non-licensed driving);

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. 26 photographs of a report on internal investigation (verification of patrol stuffs), map, patrol booms and to caps the patrol booms;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Relevant Article of the Act and Articles 151-2 and 46-3 subparagraph 1 and 2 of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment with prison labor;

1. Determination as to the assertion by the defendant and his/her defense counsel under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes

1. The Defendant asserted that “an excessive soften” is from a woman who was under medical treatment due to a sexual intercourse, father-dong salt, and boom.