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(영문) 인천지방법원 2017.07.21 2017고단2207
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. No driver of any motor vehicle that violates the Traffic Act shall threaten or endanger any other person, or cause any danger to traffic, by continuing or repeatedly committing any excessive driving, signal violation, median line, etc. without justifiable grounds;

On March 6, 2017, at around 10:30, the Defendant, in front of the Seo-gu Incheon metropolitan school, was discovered to F in the course of the traffic of the Incheon Western Police Station E-gu, Seo-gu, Incheon, in violation of the signal, of a DNA car in front of the original elementary school. On the other hand, the Defendant escaped along the speed of 60K/h above 120K/h, repeated driving, signal violation, central line bed, etc. at a speed of about 3 km and repeated driving.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven a car with the above AD without obtaining a driver’s license, at the date, time, place, and place set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Investigation report (in the case of operating a motor vehicle in distress 5,6) and latitude (in the case of operating a motor vehicle in distress breadth);

1. Application of Acts and subordinate statutes to photographs and photographs of vehicles violating laws;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 (Unlicensed Driving Points), Articles 151-2 and 46-3 of the Road Traffic Act, and selection of imprisonment for each sentence;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection and the community service order and the order to attend a lecture under Article 62-2 of the Criminal Act causing the danger of traffic accidents by driving in the course of escape by the police from the danger of traffic accidents, the false statement made in the police station as if he/she was driven by G in the early stage of the investigation, and the recidivism committed even if he/she had the record of punishment several times due to drinking or non-licenseless driving, etc.), favorable circumstances (the fact that he/she recognized and reflects his/her mistake late and later, and is fined.

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