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(영문) 수원지방법원 2017.10.31 2016고단6759
도로교통법위반등
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

1. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a vehicle B below others.

On July 20, 2016, at around 22:00, the Defendant: (a) driven a motor vehicle 213 in the vicinity of the Suwon-si Suwon-si, Suwon-si, which was stopped in front of “Seoul-si Pungll,” and driven a vehicle without a driver’s license to move from police officers to the right line on the ground that the owner of another vehicle is confirmed to have the driver’s license cancelled; and (b) had the intention to escape, and (c) had the intention to see the trend of the patrol from the road to the road near the Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, the Defendant driven a motor vehicle twice in the direction of about 3km of the signal violation, central rack, prohibition of career change, and method of overtakinging the front.

2. On July 20, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a vehicle with B low-speed car in the section of about 5 km from the 3-dong, Young-gu, Suwon-si, Suwon-si to the 143rd road, by hand over the Suwon-si, Suwon-si, Suwon-si, to the 143rd road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The driver's license ledger;

1. Traffic accident report (2) - The application of the laws and subordinate statutes of the actual survey report;

1. Articles 151-2, 46-3 (Occupancy of breadth) of the Traffic Act and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

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 (amended by Act No. 1014, Mar. 1, 201);

1. The crime of this case with the reason of sentencing of Article 62-2 of the Criminal Act on the protection and observation, community service order and order to attend the lecture, and each of the crimes of this case are committed in order to escape when the defendant drives a vehicle without a driver's license.

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