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(영문) 광주지방법원 2017.04.21 2017고단996
도로교통법위반등
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. As to the violation of the Road Traffic Act among the facts charged in the instant case

Reasons

Punishment of the crime

[criminal records] On February 25, 2017, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Gwangju District Court, for a maximum of one year and eight months, and a short of one year and two months, and the judgment became final and conclusive on February 2, 2017.

[2] On October 18, 2016, the Defendant, without a driver’s license of a motor vehicle on October 22:30, 2016, operated the 205 side way way of the vice-young apartment 205 way way from the 204 East to the 205 side of the Gwangju Mine-ro 251.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. Reporting of a traffic accident (1), (2) and the ledger of driver's licenses (36 pages of investigation records);

1. Photographs of the damaged vehicle (5 times) and evidence and photographs of the scene of the traffic accident;

1. Previous convictions: The defendant's legal statements and the application of Acts and subordinate statutes governing criminal experience;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

1. After the end of Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That for the reasons for the sentencing under the first sentence of Article 39(1), the punishment shall be determined as ordered in consideration of the circumstances constituting the conditions of sentencing as shown in the records, such as the following circumstances, and the age, sex, environment, family relationship, motive and consequence of the crime, and circumstances after the crime.

Defendant is led to confession, and is against himself.

Since the crime of this case is in the concurrent relationship between the crime record of the judgment and the crime of the latter part of Article 37 of the Criminal Act, it is necessary to determine the punishment in consideration of equity with the case where the above crime is judged concurrently with the crime finalized pursuant to Article 39 (1) of the Criminal Act.

On the other hand, the defendant was a juvenile who is unable to obtain a driver's license.

Rejection of Public Prosecution

1. A summary of the facts charged as to the violation of the Road Traffic Act: (a) the Defendant was a person engaged in driving of the CAstro-pured passenger vehicle on October 18, 2016, driving the said passenger vehicle at around 22:30, and led to the direction from the 204 east to the 205 east-gu east-gu, Gwangju, Gwangju, to drive the said vehicle at around 251.

. At any later end.

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