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(영문) 대전지방법원 천안지원 2018.05.03 2017고단2892

도로교통법위반(무면허운전)등

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

except that the execution of a sentence shall be deferred for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 13, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driven a vehicle of 200 meters E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

2. An offender also driven a motor vehicle as described in paragraph (1) with the same workplace rentF at the time of the accident, when he/she was in a situation subject to investigation due to the fact that he/she was making an unlicensed accident while driving the motor vehicle without a license as described in paragraph (1).

The statement is different, and the F made the statement in mind that the F made a false confession.

Thus, on October 22, 2017, F prepared and submitted a statement of the occurrence of a traffic accident to the effect that he/she was involved in the occurrence of an accident at the Yanannam Police Station in the Yannam-dong Police Station, and made a false statement with the same purport on October 25, 2017.

As a result, the defendant instigated F to escape a person who commits a crime punishable by a fine or a heavier punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect (F);

1. A written statement (G);

1. Application of traffic accident reports, reports on the occurrence of traffic accidents, and Acts and subordinate statutes governing damaged vehicles;

1. Relevant legal provisions and Articles 152 subparag. 1 and 43 of the Road Traffic Act concerning facts constituting an offense, Articles 151(1) and 31(1) of the Criminal Act, and the choice of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution and the crime of aiding and abetting a person to commit a violation of the Road Traffic Act (unlicensed driving) and the crime of aiding and abetting a person to commit a crime are not set for sentencing standards, taking into account the following: (a) the circumstances leading up to the instant crime; (b) developments leading up to detection of unauthorized driving; (c) the circumstances leading up to the Defendant’s false statement; (d) the reason why the Defendant made the F make a false statement; (c) the relationship between the Defendant and F; (d) the process