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(영문) 창원지방법원 2016.06.23 2016고단1100
도로교통법위반등
Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

1. On March 2, 2016, the Defendant violated the Road Traffic Act: (a) while driving Category B cargo on the 7km section from the front of the mountain patrol box at the Chang-si, Chang-si, Jinnam-si to the road in front of the difficulty of the flow of the Kim Jong-si, Jin-si, the Defendant: (b) without disregarding the police officer’s regular order of traffic control at the time, and failing to keep the safety distance at the time; (c) without carrying the direction direction, the Defendant rapidly changed the vehicular road in front of the D Spanpo Road operated by C; (d) proceeding the red signal heading at the intersection to the intersection on five occasions in order to threaten other drivers of vehicles driving on the road; and (d) caused danger to traffic.

2. On March 2, 2016, the Defendant: (a) driven the said cargo without a driver’s license in a section of about 30km from the road of the South-west IC to the road in front of the west-gu, Jin-si, Kim Jong-si, Jin-si, Jin-si, Kim Jong-si, at around 14:45 on March 2, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Application of the photographic Acts and subordinate statutes;

1. Article 151-2, subparagraphs 1, 5, and 6 of Article 46-3 of the Road Traffic Act (hereafter referred to as "unlicensed driving") concerning facts constituting an offense, and subparagraphs 1 and 43 of Article 151-3 of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act;

1. Selection of each sentence of 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. A comprehensive consideration of the details and methods of the crime of sentencing, criminal history, and reflective nature of the sentence under Article 62-2 of the Criminal Act, and the sentence like the order was determined.

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