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(영문) 서울중앙지방법원 2013.12.13 2013고단4307

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On April 12, 2012, the Defendant was sentenced to a suspended sentence of four years for a violation of the Act on the Control of Narcotics, Etc. at Seoul Southern District Court on April 12, 2012, and the said judgment became final and conclusive on April 20, 2012 and is still in the grace period.

【Criminal Facts】

1. Around 09:30 on March 18, 2013, the Defendant, without a driver’s license, driven a golf car at the section of approximately 8 K KK from the front side of the Seoul forest fest apartment unit located in the Seongdong-gu Seoul Seongdongdong, Seongdong-gu, Seoul to the front day of the hotel in the Gangnam-gu Police Station.

2. Around 09:30 on March 18, 2013, the Defendant expressed the intent to offer a bribe, the Defendant was subject to the control on the ground that he was carrying out a non-licensed operation from E in the front of the Gangnamnam Youth hotel located in Gangnam-gu, Seoul, Gangnam Police Station’s Living Safety and D Zone.

The Defendant offered 70,000 won in cash to the above police officer along with the Defendant’s identification card in response to a request from the above police officer to present an identification card, and made an expression of intent to offer a bribe in relation to the police officer’s duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statements of each prosecutor's office and police interrogation protocol of the accused;

1. Each legal statement of witness E and F;

1. Registers of driver's licenses;

1. Before judgment: References to criminal records and application of Acts and subordinate statutes to criminal investigation reports (Attachment to judgment);

1. Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 133 (1) and Article 129 (1) of the Criminal Act concerning the crime (the point of indication of the intention to offer a bribe and the choice of imprisonment);

1. Determination as to the defendant and his defense counsel's assertion among concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act

1. The alleged defendant does not have driven as stated in paragraph 1 of the judgment, and a G in a de facto marital relationship with the defendant at the time.