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(영문) 광주지방법원 2012.12.21 2012고단4594
도로교통법위반(무면허운전)등
Text

Defendant

A shall be punished by a fine of 4 million won and by a fine of 700,000 won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A:

A. A. Around 20:05 on June 16, 2012, the vehicle driving license was not obtained, and around 20:05, at approximately 50 km away from the 50km section near the two wing-gun, Gwangju Metropolitan City, to the transfer of the vehicle in front of the building in the mountain-dong, Gwangju Metropolitan City.

B. On June 16, 2012, at around 20:05, the upper limit is as follows:

In the case of the transfer of the vehicle indicated in the port of port to the two-way intersection, the vehicle was negligent in driving the road near the two-way intersection, such as getting the floor from the transfer side of the vehicle to the intersection of the two-way intersection, and the vehicle was proceeding to the central separation zone, and the vehicle was rapidly faced with the injury of the victim E (the age of 17) who gets on the back side of the said vehicle due to a serious occupational negligence, which caused the shock of the steel drums installed at the edge of the road due to the rear side of the said vehicle, and caused about 10 weeks of medical treatment.

2. On June 16, 2012, at the office of the defendant F of the defendant in Gwangju-gu, Gwangju-gu, at the request of the defendant to lend the automobile under the defendant's name instead of the defendant's driver's license, and at around 16:00 on the same day, the defendant B lent the D 5 car under the defendant's name to A by borrowing it from the defendant's name at around 16:00 on the same day.

As in the same paragraph, aiding and abetting driving of a motor vehicle without a license.

Summary of Evidence

1. Defendants’ legal statement

1. A suspect interrogation protocol of the police officer;

1. Application of Acts and subordinate statutes, such as a survey report on actual conditions, field photographs, the ledger of driver's license, and diagnostic certificate;

1. Relevant legal provisions concerning criminal facts and subparagraph 1 of Article 152 of the Road Traffic Act: Article 152 and Article 43 of the Road Traffic Act; Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act: Selection of fines under each subparagraph of Article 152 of the Road Traffic Act; Article 43 of the Criminal Act;

1. Article 32(2) and Article 55(1)3 (Defendant B) of the Criminal Act for aiding and abetting and mitigation;

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

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