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(영문) 대전지방법원 논산지원 2020.06.30 2020고단113

도로교통법위반(무면허운전)

Text

1. Defendant A shall be punished by imprisonment with prison labor for ten months;

However, this judgment has become final and conclusive against Defendant A.

Reasons

Punishment of the crime

1. A around 01:08 on January 28, 2020, Defendant A driven CK5 vehicles without obtaining a driver’s license in a section of about 10km from the front of the river basin in the city-U.S., Seosan-si, Seogyeong-gu, Seosan-si to the front of the 154-1 Si-U.S. Si-U. Si-U. Si-ri, Si-U. Si-U. Si-ri. Si-ri.

2. Around 01:08 on January 28, 2020, the Defendant came to know of the occurrence of a traffic accident in front of the 154-1 Sil-ri Sil-ri, the Sil-ri, the Sil-ri, the Sil-ri, the Sil-ri, the Sil-si, the Defendant: (a) without obtaining a driver’s license as described in paragraph (1); and (b) at around 01:11 on the same day, the Defendant made a false statement to the effect that the Defendant driven the said vehicle while driving the vehicle while driving the vehicle CK5 without obtaining a driver’s license; and (c) At around 01:11 on the same day, A left the scene of the accident and called to the site after receiving a 112 report, the Defendant was not driving the vehicle CK5 as described in paragraph (1); and (d) he was driving the vehicle.

Accordingly, the defendant, who committed a crime corresponding to a fine or heavier punishment, was allowed to escape.

Summary of Evidence

1. Defendants’ respective legal statements

1. The actual condition survey report;

1. 112 reported case handling table;

1. Application of the statutes on the register of driver's licenses;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act, the choice of imprisonment

B. Article 151(1) of the Criminal Code, Defendant B’s choice of imprisonment

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

1. Probation Defendant A: The reason for sentencing of Article 62-2 of the Criminal Act is that Defendant A has a number of criminal records including four times of unlicensed driving, and Defendant B has a number of criminal records including a number of criminal records.

(A) However, there is no previous conviction for the same day. However, the Defendants appears to have been aware of and against the mistake, and Defendant B made a false statement at the traffic accident site as a driver, but led to the confession of the crime at the time of the police investigation on the same day.

. Other.