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(영문) 대구지방법원 경주지원 2014.04.30 2014고정51

도로교통법위반(무면허운전)등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On May 18, 2013, at around 13:05, the Defendant driven a CTV Roba without obtaining a driver’s license from the front line of the CTV Roba-dong, Seocheon-si, Seocheon-si, and the front line of the said Blue-si, and without obtaining a driver’s license from around 500 meters.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving CTV Meba.

On May 18, 2013, the Defendant, without obtaining a motorcycle driver's license as stated in Paragraph 1, as of May 13:05, 2013, driven the above Oral Sea, and continued the front road of the Seocheon-gun, Seocheon-gun, Seocheon-si, Seok-si, with the view to the protection of the river from the boundary of the guard.

The driver of Otoba had a duty of care to prevent accidents by driving safely by checking the right and the right of the front and the right of the driver.

Nevertheless, the Defendant neglected this and felled on the river floor below about 1m during the proceeding by negligence.

After all, the Defendant suffered injury to the victim D (V, 26 years of age) who was on board the above Obaba, due to the above occupational negligence, including approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A protocol concerning suspect examination of D;

1. Application of Acts and subordinate statutes, such as a traffic accident report, on-site survey report, on-site photograph, driver's license register (D), vehicle register (C), mandatory insurance investigation report, investigation report (related to the reporting person), investigation report (related to the reporting person), driver's license register (A), two copies of a written statement, investigation report (attached to a written request for correction of suspect investigation report), two copies of a written statement, investigation report (damage status and agreement), two copies of a diagnosis report (D), and written agreement (D);

1. Article 3(1) and the proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act concerning criminal facts;