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(영문) 서울동부지방법원 2014.10.29 2014고단2682

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 02:50 on April 30, 2014, the Defendant violated the Road Traffic Act (unlicensed Driving) driving, the Defendant driven the DSS5 vehicle at a white distance of 0 meters without obtaining a driver’s license, on a road where the passage of which is open to an external vehicle without any access blocking facility located in the king apartment.

2. On May 17, 2014, at the time and at the place specified in Paragraph 1, the Defendant: (a) was aware of the fact that the Defendant, while driving with a license without the influence of alcohol at a certain place, was late due to the Defendant’s destruction and damage of the E-owned strawer in front of the F. E-ray, which was parked in the parking lot due to the back of the said car; (b) the Defendant recommended G, a female student, from May 17, 2014, “In the king-si Seoul Apartment 211 and 702, the Defendant’s house, at the seat of the Defendant, caused an accident while driving a car at the police station instead of causing an accident; and (c) urged G, a proxy, who was present at the police station, would have caused the accident to have been driven while driving

Therefore, at around 21:15 on May 20, 2014, the Defendant had G G make a false statement as if the proxy engineer driven the car.

As a result, the defendant instigated G to escape a person who commits a crime corresponding to a fine or heavier punishment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The ledger of driver's licenses;

1. Application of Acts and subordinate statutes to investigation reports (verification of whether roads are opened within a complex);

1. Relevant Article of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Articles 151 (1) and 31 (1) of the Criminal Act, the choice of imprisonment for a crime, and the choice of a sentence;

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant is punished by a fine not exceeding twice (a fine not exceeding 1.5 million won in 2008, and a fine not exceeding seven million won in June 22, 2012), and that the Defendant is guilty of driving under the influence of alcohol, driving under the influence of alcohol without obtaining a license, and signing and forging a private signature.