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(영문) 부산지방법원 동부지원 2013.05.15 2012고정1243
도로교통법위반(사고후미조치)등
Text

1. Defendant A

A. Defendant shall be punished by a fine of KRW 2,000,000.

B. The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On March 5, 2012, Defendant A operated a fal-purd vehicle from the front side of the Busan Eastdong-dong, Y2 apartment to the Eth page located in Busan Shipping Daegu, without obtaining a driving license at around 13:30 on March 5, 2012.

2. The charges of aiding and abetting a criminal attempted to commit an offense against Defendant A include the crime of violation of the Road Traffic Act (unauthorized Measures after Accidents) and the crime of violation of the Road Traffic Act (Unlicensed Driving). However, as seen below, the part of the charges of violation of the Road Traffic Act (unauthorized Measures after Accidents) is acquitted. Thus, this part of the charges is deleted.

Defendant

At around 16:00 on March 5, 2012, A, despite having driven the said vehicle without obtaining a driver's license as above, she asked B to make a statement by driving the said vehicle and asked B to make a false statement.

Thus, on March 10, 2012, Defendant A made a false statement to G, who is a police officer in charge, at the traffic survey department office of the Maritime Police Station located in the Maritime Daegu Daegu Metropolitan City, that he/she was driving.

As a result, Defendant A had B force a person who committed a crime corresponding to a fine or heavier punishment to escape.

Summary of Evidence

1. Defendant A’s legal statement

1. Each protocol of examination of the accused A and B;

1. Application of Acts and subordinate statutes to licenses and inquiries about administrative dispositions at the main office;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 151 (1) and Article 31 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The portion not guilty under Articles 70 and 69 (2) of the Criminal Act for the detention in a workhouse;

1. Facts charged;

A. Defendant A [Violation of the Road Traffic Act (Non-violation of the Act)] Defendant 1 is a Fro-purd passenger car.

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