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(영문) 춘천지방법원 영월지원 2015.04.21 2014고단606
도로교통법위반(무면허운전)
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 1,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On July 3, 2014, at around 17:30 on July 3, 2014, Defendant A driven a vehicle of KRW 400 meters, without obtaining a driver’s license, from a section of approximately 400 meters from the front side of the Dongwon-gun apartment to the front side of the same treatment-type landing point.

2. Defendant B was aware that the Defendant driven a vehicle with no license at the time, since he was on the top of the lurgic passenger vehicle set forth in paragraph (1) as stated in paragraph (1) at the time and at the place specified in paragraph (1).

Nevertheless, at around 20:00 on July 3, 2014, the Defendant made a false statement that the Defendant driven the said car at a police station located in the Gangseo-gu Police Station, Gangwon-gu, Police Station, located in the Gangseo-gu, Seoul Special Metropolitan City, and prepared a self-written statement with the same content as the above statement.

As a result, the defendant, who committed a crime corresponding to a fine or heavier punishment, had the above A escape.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol regarding D;

1. Each written statement in B;

1. Application of the actual condition survey report, driver's license register, CCTV image photograph-related Acts and subordinate statutes;

1. Relevant Articles of the Road Traffic Act and Articles 152 and 43 (Selection of Imprisonment): Defendant B: Article 151 (1) of the Criminal Act (Selection of Fines, Circumstances of Crimes, etc.);

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act (including the fact that a fine for the same kind is imposed only);

1. Defendant B of the provisional payment order: Article 334 (1) of the Criminal Procedure Act;

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