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(영문) 서울동부지방법원 2016.12.21 2016고단3378
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 07:40 on January 17, 2015, the Defendant driven a 124 cc clobane with no number of alcohol level of about 0.185% in the 1km section of Gangdong-gu Seoul, Gangdong-gu to the road located in 189, Gangdong-gu, Seoul, Seoul, without obtaining a motorcycle driver’s license.

2. When the Defendant, at the above time and place, was under control due to drinking driving, etc., the Defendant signed the Defendant’s circumstantial statement as name B in the Defendant’s name and continued to sign the Defendant’s report on detection of drinking drivers in the same manner as the Defendant’s report.

After signing as above, the Defendant submitted to the Seoul Gangseo-dong Police Station C Inspector D of the Seoul Gangseo-gu Police Station a circumstantial statement report on the above driver and a report on detection of the driver, and exercised it.

3. Any person who violates the Guarantee of Automobile Accident Compensation Act shall be prohibited from operating any machinery and rocks on which the mandatory insurance is not subscribed, on the road;

Nevertheless, the Defendant, at the above time and place, operated Daba, which was not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. A fact-finding report and a traffic accident occurrence report;

1. Records of measurement of drinking alcohol, reports on detection of drinking drivers, and reports on the circumstantial statements of drinking drivers;

1. Application of the register of driver's licenses, and photographs and subordinate statutes;

1. Relevant legal provisions concerning criminal facts: ① Articles 154 subparag. 2, 43 (Unlicensed Driving), ② Articles 148-2(2)2, and 44(1) of the Road Traffic Act, ③ Article 239(1) of the Criminal Act, ④ Article 239(2) of the Criminal Act, ⑤ Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 (Operation without Insurance).

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