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(영문) 대구지방법원 상주지원 2016.08.30 2016고단179
도로교통법위반(무면허운전)
Text

1. Defendant A

A. Defendant A shall be punished by imprisonment with prison labor for six months and by a fine of three hundred thousand won.

B. Defendant A is subject to the above fine.

Reasons

Punishment of the crime

[criminal history] On October 29, 2013, Defendant A was sentenced to six months of imprisonment due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of Road Traffic Act (unlicensed Driving) in the resident support of the Daegu District Court, and completed the execution of the sentence in Daegu Prison on April 29, 2014.

[2016 Highest 179] Defendant B is a person who operates a D rice farm located in C at the time of residence, and Defendant A is a person who works as an employee of the said rice farm.

1. On January 26, 2016, Defendant A driven a e-mail vehicle without obtaining a driver’s license from around 100km to the front road of the e-mail parking lot located in Gangwon-si, Gangwon-si, Seoul Special Metropolitan City (hereinafter referred to as “Seoul Special Metropolitan City”) at around 11:49, around 26, 2016.

2. Defendant B

A. The Defendant, an employee of the Defendant, committed a violation of the Road Traffic Act by driving the freight vehicle without a driver’s license, as described in the above 1. Paragraph (1).

B. On February 2016, the Defendant was aware that the above A committed a crime of violating the Road Traffic Act (unlicensed Driving) as stated in the above paragraph 1. However, on February 2016, the Defendant appeared at the transportation survey team of the Gangwon-gu Police Station located in Gangwon-gu, Gangwon-do, and prepared a false statement as if the Defendant driven a cargo vehicle.

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

[2016 Highest 197]

3. On April 14, 2016, Defendant A driven G Oba with a driver’s license without a motor device license in approximately 500 meters section from the street in front of the rice farm house to the street in front of the same city, 224 SC bank at the center of the same city, and with a driver’s license without a motor device license.

Summary of Evidence

【Criminal Records】

1. References to inquiries, such as criminal history, reports on confirmation of the fact of release from the military court, and reports on investigation (in addition to a copy of the judgment attached thereto);

1. Defendants’ legal statement

1. Each written statement of H and Defendant B;

1. The driver’s license ledger [2016 Height 197] 1.

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