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(영문) 제주지방법원 2016.03.11 2016고정103
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 22, 2015, the Defendant violated the Road Traffic Act (non-licenseless Driving) driving of a rocketing car without obtaining a driver’s license from around the road near the bus terminal located in the city-type, off the city-type, off the city-type, off on October 13:30, 2015 to the front day of the entrance of the public parking lot located in the same city-type 1043-1.

2. An offender was parked at the entrance of the above public parking lot while driving a car as above at the time and place specified in paragraph 1.

C The owner of D&D car escaped without taking any measures, and then the police investigation was conducted in the above case, which led to the occurrence of the fact of driving without obtaining a driver’s license of the motor vehicle, and the remaining relatives, as if they driven by E, prepared a traffic accident-related statement, and made statements as if they driven by E even at the time of police investigation, and led E to make a false confession.

Therefore, the Defendant was driving E at the police station in the Seo-gu Jeju Island on December 3, 2015.

False written statements related to traffic accidents shall be prepared, and E is operated by police officers F on the same day.

A false statement was made.

As a result, the defendant instigated the above E to escape a person who commits a crime corresponding to a fine or heavier punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A written statement prepared by C;

1. A survey report on actual conditions;

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

1. Relevant legal provisions and the choice of punishment for a crime: Article 152 subparagraph 1 of the Road Traffic Act, Article 43 (Unlicensed Driving) of the Road Traffic Act, Article 151 (1), Article 31 (a), and Article 31 of the Criminal Act, and the selection of fines;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) and (2), and Article 50 of the Criminal Act;

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: article 334(1) of the Criminal Procedure Act;

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