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(영문) 수원지방법원 2012.10.17 2012노2871
도로교통법위반(무면허운전)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which acquitted the Defendant of this part of the charges on the ground that the confession of the Defendant was the only evidence even though there was evidence of mistake of facts or misapprehension of the legal principle on May 2, 2011, and the unlicensed driving around May 3, 2011, and around May 3, 2011, there was an error of law by misunderstanding of facts or misapprehension of the legal principle, which affected the conclusion of

B. The lower court’s sentence of unreasonable sentencing (fines 500,000) is unreasonable on the ground that it is excessively unhutiled.

2. Determination

A. A. A summary of the facts charged in this case 1) around May 2, 2011, the Defendant driven a Dop XG car without obtaining a driving license from around 30 km in front of the Defendant’s house located in Pyeongtaek-si to Hasan-si. 2) around 00:00 on May 3, 2011, the Defendant: (a) around 30 km in front of a restaurant where the trade name of the Defendant’s house located in Pyeongtaek-si cannot be known through the Defendant’s house located in Pyeongtaek-si to the front of the Defendant’s house located in Pyeongtaek-si; and (b) around 01:00 on May 3, 201, the Defendant was driving a Dop car without obtaining a driving license, and (c) around 50 km in front of the Defendant’s house located in Pyeongtaek-si to the front of the Defendant’s house located in Busan-si through the front of Busan-si.

B. The lower court found the Defendant not guilty on the ground that the Defendant’s confession was the only evidence against the Defendant as to the non-licensed driving at around 00:00 of May 3, 201 of the facts charged in the instant case, since it was proved that the Defendant’s confession was the only date unfavorable to the Defendant, and that it cannot be used as evidence of conviction.

C. Reinforcement evidence of one confession based on the judgment of the court below is not processed, but sufficient if it can be guaranteed that the facts of confession are true, the whole of the facts of the crime or the important parts thereof are sufficient.

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