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(영문) 의정부지방법원 2016.01.29 2015고단1061
도로교통법위반(무면허운전)
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

On July 6, 2014, the Defendant, without a driver’s license, driven Ci 30 passenger cars in front of the passenger passes of the members of the Suwon-si, Suwon-si, Suwon-si.

Summary of Evidence

1. Each legal statement of witness D and E;

1. The driver's license ledger;

1. On-site photographs, CCTV images, and visual photographs of suspects;

1. A criminal report, a CD;

1. Each investigation report (verification of the current status of the F Age Club and parking lot, suspects and proxy engineers, and re-Analysis of the currency records of witnesses on the day of the incident);

1. Attachment of CD files and photographs;

1. The detailed statement, etc. of currency [the defendant and his defense counsel did not drive a motor vehicle without obtaining a license at the time and place set by the defendant, and the substitute driver at that time driven the motor vehicle;

However, it is argued that ① half-packers worn by the Defendant at the time (in the investigation record, No. 55, 131, and evidence No. 1 submitted by the Defendant) and CCTV images (in the investigation record, No. 109, No. 133) are similar to the half-packer color, the white pattern of the end of retail, the white pattern of the front part, etc. ② The type of visibility taken by the Defendant’s possession and CCTV is similar to that of the front part; ③ the driver taken in CCTV images is driving with one hand out of the left part; ③ the driver taken in CCTV images is driving with one hand, and the possibility of driving with the above attitude appears to be low; ④ the Defendant requested a substitute driver who was waiting in the front part due to the lack of a Handphone transport network owned by the Defendant at the time.

One (Investigation Records 92 pages, 143 pages), and it seems that the distance from the defendant's place to the place where the substitute driver was gathered was somewhat far far away, and even if entertainment workers are in place, it seems that the possibility that the substitute driver was gathered during the course of the course of the course of the course of the course of the course of the course of the course of the investigation (see, e.g., 119 pages), and between July 6, 2014 and July 6, 2014 to 07:58 on the same day, the phone calls from the defendant on six occasions.

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