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(영문) 서울중앙지방법원 2017.02.15 2016고단9400
도로교통법위반(무면허운전)등
Text

Defendant

A A shall be punished by a fine of KRW 7 million and by a fine of KRW 3 million, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. A. On October 1, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a D lele or car owned by the Defendant without obtaining a driver’s license from around 20km to around 20km from the front of the 273 Man-ro, Seongbuk-gu, Seoul, the 58-ro, Hancheon-ro, Seoul, to the front of the Seoul Special Metropolitan City, at approximately 20 km road.

B. On June 2016, the Defendant was holding B’s driver’s license with a request to “a license was revoked because the license was revoked” at a F restaurant located in Gangnam-gu Seoul Metropolitan Government E-gu, Gangnam-gu.

On October 1, 2016, the Defendant was driving the said car on the front of Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) on the road, and the Defendant was asked to present an identification card by undergoing an inspection by H in the circumstances where the police box was assigned to the Seoul Special Gwanak Police Station G police station, which was patrol, and presented B’s driver’s license under the name of the head of Seoul Special Metropolitan City Police Agency as if he was the Defendant’s driver’s license.

2. Defendant B, on June 2016, at the F cafeteria located in Gangnam-gu Seoul, Gangnam-gu, Seoul, Defendant B: (a) received a request from friendly A to the effect that “a license was revoked; (b)” the Defendant, despite being aware that A would use the Defendant’s driver’s license to avoid control, and (c) took the driving license with the knowledge that A would use the Defendant’s driver’s license, and (d) made it easy for A to drive without a driver’s license and to exercise the other’s license denied.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police seizure records;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the point of driving without a license), Article 230 of the Criminal Act (the point of uttering of official document), and Article 152 Subparag. 1 and 43 of the Road Traffic Act, Article 32(1) of the Criminal Act (the point of aiding and abetting driving without a license), Article 230 of the Criminal Act, Article 32 of the Criminal Act.

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