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(영문) 춘천지방법원 강릉지원 2017.05.16 2017고단313

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

[2017 Highest 313] On March 4, 2016, the Defendant driven a 6-line cargo vehicle without obtaining a driver’s license from the front of the Taeju Apartment apartment located in the Taeju-dong, Taeju-si to the front road in the same location, from around 1km to the Hanju-dong, the Defendant driven the 6-line cargo vehicle without obtaining a driver’s license.

[2017 Highest 314]

1. On August 1, 2016, the Defendant violated the Road Traffic Act (unnecessary Measures after Accidents) at around 21:32, 2016, the Defendant 5 tons of E treatment 5 tons owned by the victim D (38 years old) parked on the right-hand side of the vehicle of the Defendant 1, who driven a CKan Kan-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k

Accordingly, the Defendant did not take necessary measures when an accident occurs, even though the Defendant neglected the Defendant’s vehicle, as it is, after neglecting the Defendant’s vehicle to repair the victim’s automobile.

2. The Defendant violated the Road Traffic Act (Non-licenseless Driving) driven the C Car in a section of about 50 meters from the front of the parking lot in the country of the Yung-dong president of Gangseo-gu in the same day to the place referred to in the above paragraph 1 without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The driver's license ledger;

1. Application of traffic accident reports, on-site photographs-related Acts and subordinate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 (Unlicensed Drivings), Articles 148 and 54 (1) (not taking any measure after destroying property) of the Road Act, and selection 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Unfavorable circumstances: Defendant has been punished for traffic-related crimes even though he/she could have been punished repeatedly.