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(영문) 광주지방법원 2016.06.30 2016고단1038

도로교통법위반(무면허운전)등

Text

1. The defendant shall be punished by imprisonment for four months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. On March 13, 2015, the Defendant, without a driver’s license, driven a B rocketing car at approximately 1.5 km from the day near the Home Packer located in 200 in Gwangju Northern-gu to the 10-lane 10 km of the same Gu, respectively, without a driver’s license, from March 13, 2015.

2. On March 13, 2016, at around 09:40, the Defendant violated the Road Traffic Act (influence driving), following the passage of a road in front of a joint agricultural market for agricultural products located in Gwangju North-gu, Gwangju, and subsequently changed the lane after the signal violation. At the end, two police officers, etc. belonging to the police department D department of the Seoul Northern-gu Police Station D department, who performed traffic control over traffic accidents, requested the Defendant to witness the violation and stop the violation.

Nevertheless, the Defendant, by failing to comply with the police officer’s legitimate instructions, escaped from about 1 km in front of the 10-lane of each chemical elementary school located in the 39-lane in Gwangju North-gu, Gwangju, without complying with the police officer’s legitimate instructions. In the foregoing section, the Defendant: (a) committed a sudden driving, such as a violation of signal instructions in the F-Mon-Prohibited Area; (b) a violation of signal instructions at the entrance of the former Gwangju Prison; (c) a violation of the direction-setting at the central line at the entrance of the former Gwangju metropolitan prison; and (d) a violation of the direction-setting at the joint marketing outlet of agricultural products; and (d) a threat or

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of drivers in violation of traffic laws on roads, the ledger of driver's licenses on automobiles, and the application of statutes related to accidents;

1. Relevant Article of the Act and Articles 152 subparag. 1, 43 (Unlicensed Driving Points), 151-2, and 46-3 subparag. 1 and 2 (in cases of bad driving) of the Road Traffic Act and the selection of imprisonment, respectively, for the crime;

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. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are as follows, and the defendant's age, sex, environment, circumstances of crimes, and crimes.