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(영문) 서울중앙지방법원 2018.07.18 2018고단3373
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. On May 22, 2018, the non-licensed driving Defendant driven a e-sports car at approximately 2.5 km from the front of his residence in Seocho-gu Seoul Metropolitan Government D to the front of about 6:42 km from the front of his residence in Seocho-gu, Seoul to the road of about 6:5 km, without a driver’s license.

2. No driver of any motor vehicle in distress shall threaten or endanger any other person, or cause any danger to traffic, by consecutively committing two or more acts from among the acts provided for in the subparagraphs of Article 46-3 of the Road Traffic Act, or by continuing or repeatedly committing one act;

At around 21:16 on the same day, the Defendant, while proceeding in violation of the stop signal at a crosswalk 69-ro, Seocho-gu, Seoul Seocho-gu University Education Dong-ro, Seoul, issued an order to stop while traveling along the patrol lane by the F1 G of the jury police station, etc. who observed the order, and attempted to flee by disregarding the fact of driving without a license.

Accordingly, the Defendant had raised speed, and run a diversous driving, such as rapid change of the vehicle line from the first line of the three-lanes to the slope of the Do head, which is located in the same order of filial length, to the slope of the Do head, and then moving to the right bypassing the Do head, and driving a divers, such as overcoming the speed of the Do head from the first line of the three-lanes to the slope of the Do head, and overcoming the central line.

Thus, from around 21:19 on the same day, the Defendant got involved in the act of violation of instructions, the central line bed, and the violation of prohibition of change of course in approximately 1.5km of the same day by repeating or repeating the act.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of the Acts and subordinate statutes governing patrol cars booms and videos (ROMs);

1. Selection of a punishment for a crime under Article 152 subparagraph 1 or Article 43 of the Road Traffic Act, Article 151-2 or subparagraph 1, 2, or 5 of Article 46-3 of the Road Traffic Act, the selection of a punishment for imprisonment;

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. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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