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(영문) 전주지방법원 2021.03.26 2020고정385
도로교통법위반(무면허운전)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On June 19, 2020, the Defendant driven a BMW740 car from around 400 meters to the parking lot of the Kim Jong-gu Police Station located in the center of Kim Jong-si in the city where the trade name in Kim Jong-dong cannot be known without obtaining a driver's license of around 00:24, June 19, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to reporting on traffic control violations of the Road Traffic Act;

1. Article 152 of the Criminal Act and Articles 152 subparagraph 1 and 43 of the Criminal Act, the selection of fines concerning the crime, and the selection of fines;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act (i.e., the circumstances in which a defendant was absent, using a vehicle to the nearest police station in order to avoid the threat thereof) of the suspended sentence (i.e., the circumstances in which a defendant was absent) defense counsel in the judgment of a defense counsel

D When the threat of re-convened from D, the driver was forced to drive in order to inevitably delete the situation, which asserts that the responsibility is dismissed because it is an emergency evacuation or there is no possibility of expectation of lawful act.

However, according to the above evidence, it is difficult to view that the motive or circumstance that the defendant avoided the driving without a license constitutes a ground for excluding illegality or responsibility, considering the degree of the threat, even though D intended to take a bath at the time of the instant case, but did not proceed to physical behavior.

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