도로교통법위반(무면허운전)등
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.
Punishment of the crime
1. Around 00:10 on June 18, 2013, the Defendant was driving a Grand Car without a vehicle driver’s license at a section of approximately 300 meters from the front of the distance of the new forest culture in Gwanak-gu, Seoul Special Metropolitan City to the front road of about 1433-39 of the same Act.
2. On June 18, 2013, the Defendant: (a) driven the said vehicle on or around 00:10 on June 18, 2013; (b) led to a traffic accident in which the part concerning the right side of the Defendant’s driving vehicle conflicts with the part concerning the top-hand part of the C Drivers who stopped on a one-lane road and departing from the said one-lane road.
Accordingly, the Defendant asked E, who was accompanied by the lower seat of the foregoing vehicle, to “to say that the vehicle was driven without a license instead of driving,” and caused the said E to be able to make a statement as if he was carrying the Defendant on the front seat and driving the car in the manner of driving the car.
Accordingly, around 12:10 on June 18, 2013, the above E made a false statement to F police officers investigating the above case “I sent a traffic accident that conflicts with the taxi while driving a car in the city.”
As a result, the defendant instigated E to escape from the criminal.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and C;
1. Application of the statutes on the register of driver's licenses;
1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 151 (1) and Article 31 (1) of the Criminal Act concerning the facts constituting an offense (a point of a person to whom extradition is assisted);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing in Article 62-2 of the Criminal Act is that the defendant has been punished by a fine not exceeding five times due to driving without a license.