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(영문) 부산지방법원 동부지원 2016.03.30 2015고정1529

도로교통법위반(무면허운전)등

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Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who drives a rocketing car.

1. On June 24, 2015, at around 01:35, the driver of the Korean National Police Agency issued a driver’s license to drive a distance of approximately 2 km from the vicinity of the plane captain police station located in the Il-gun, Busan to the front of the D gas station located in the same military C.

2.The vehicle mentioned in the preceding paragraph was driven at an insular speed along the three-lane distance from the Gun office of the Eup/Myeon in which the Gun office of the Eup/Myeon drives the vehicle at the same speed.

In such cases, drivers have the duty of care to accurately operate vehicle equipment and to prevent accidents by driving other safely according to road traffic conditions and the structure and performance of the vehicle.

Nevertheless, the driver neglected to drive a road so as to stop it, and left the road on the grounds of excessive operation by hand, and shocked the hulled rice hushes in which a signboard of a gas station located on the right side of the proceeding is installed.

As a result, the Defendant damaged the signboard owned by the victim E by his occupational negligence and the hulled rice, thereby damaging the property equivalent to KRW 5,114,097 for restoration expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Written estimate;

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

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense and Article 151 of the Road Traffic Act (or selection of fines, respectively);

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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;