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(영문) 광주지방법원 순천지원 2017.02.01 2016고단2088
도로교통법위반(무면허운전)등
Text

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

However, the execution of punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 2088] On September 24, 2016, the Defendant driven B 800 meters away from the 800-meter radius to the intersection of the other village of the same Eup/Myeon, from the road of the apartment complex in the 37-5-dong, Young-gu, Chungcheongnam-gun, Chungcheongnam-gun without the driver’s license of the motor vehicle.

Accordingly, the Defendant driven a motor vehicle without a driver's license.

[2016 Highest 2828] On October 18, 2016, the Defendant: (a) reported that he was a person who franked, frighted, and frighted in the front of the “D main points” located in the Southern-gun C; and (b) sent to the site after having received a report on his personal information; (c) whether the police officer F, who was called to the site; and (d) whether the police officer F, who was called to the site, followed the Defendant’s mistake;

As a cover of plastic parking prohibition sign, which was set up at the place, expressed one time the upper part of the FF was hump.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression and investigation of police officers' crimes.

Summary of Evidence

Application of the Police Statement No. F to the Defendant’s legal statement No. 106

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 152 of the same Act, Article 43 of the same Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), the selection of imprisonment with prison labor, etc. for the crime;

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

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

4. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] The basic area (from June to June) (the decision of sentence] (the defendant was sentenced to a fine for drinking and driving without a license) more than five times due to drinking, driving without a license, and assault a police officer, even if he had a previous violent crime.

However, it shall be considered as a factor of sentencing that the defendant reflects the mistake, that the defendant has no criminal record exceeding the fine, and that there is other factors of sentencing.

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