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(영문) 인천지방법원 2017.11.16 2017고단7294
도로교통법위반(무면허운전)등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. On March 27, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driven a Csp-type car without obtaining a driver’s license from around 1km section from around 28, 777, to the front road of the Korea Broadcasting and Communications University located in the same future as the Southern-dong, Nam-gu, Incheon, Nam-gu, Incheon.

B. The Defendant also stated to the effect that, at the date and time as indicated in the above 1. Paragraph 1. at the place, the driving without a license as described in the above 1. Paragraph 1. is discovered to the police officer, and that, in order to conceal it, the Defendant would cause the passenger B to drive the vehicle. The Defendant, instead of the Defendant, carried the vehicle into the driver’s seat, driving the vehicle on behalf of the police officer as described in the above 1. Paragraph 1.

The purpose of this article is to make false statements.

As a result, the defendant caused the person who driven B to escape from a person who committed a crime corresponding to a fine or heavier punishment by making the person who driven B speaks that the person who was aware of who was the police officer B.

2. Defendant B, while being aware of the fact that Defendant A was driving without a license as described in the above 1. Paragraph, he driving the car as described in the above 1. Paragraph 1. at the D office of the Incheon Southern Police Station D around March 31, 2017, to Defendant B, who was investigating the said case, on his own, Defendant B driven the car as described in the said paragraph 1.

By making a false statement, A who commits a crime corresponding to a fine or heavier punishment has been allowed to escape.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. Reports on internal accidents and G CCTV photographs;

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

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 152 Subparag. 1, Article 43 of the Road Traffic Act (unlicensed Driving), Article 151(1), Article 31(1) of the Criminal Act (a) of the same Act, and the selection of each fine;

B. Defendant B: Article 151(1) of the Criminal Act; Selection of fines

1. A aggravated Defendant A: the former part of Article 37 of the Criminal Act and Article 38(1)2 of the Criminal Act.

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