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(영문) 인천지방법원 2017.03.09 2016고단9030
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six 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. On October 18, 2016, the Defendant driven a DK5 vehicle without a driver’s license in the section of about 2 km from around 18:08 to around 14, 2016, from around 594-7, Nam-gu, Incheon, Nam-gu, Incheon Special Metropolitan City, to around 14, 776, as the former owner of the vehicle.

2. Even if an offender causes a traffic accident that causes the driving of DK5 vehicles at the time, place, and place under Paragraph 1, it is difficult for the Defendant to be subject to aggravated punishment if he/she is found to drive without a license even if he/she had a large number of without a license and has had a history of recent suspended execution, and thus, he/she had E, an employee of the company, drive a vehicle on behalf of the Defendant in order to conceal the fact of driving without a license.

The purpose of this study was to ask investigative agencies to make statements.

Defendant: (a) around October 12, 2016, at the F Company’s site of Defendant’s operation located in Incheon Nam-gu, Incheon, Incheon; and (b) “On behalf of Defendant (Defendant) at the police station.”

On October 12, 2016, at the office of the Transport Investigation Team of the Southern-dong Police Station located in Incheon Nam-gu around October 14:23, 2016, “A request to make statements” made a false statement to the effect that “A person was killed while driving DK 5 vehicles around October 10, 2016.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of interrogation of each police officer in relation to E or G;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article 152 Subparag. 1, Article 43 (Unlicensed Driving) of the Violation of the Road Traffic Act, Articles 151(1) and 31(1) of the Criminal Act (the occupation of aiding and abetting an offender) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of long-term punishments) to increase concurrent crimes;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the following sentencing is more favorable.

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