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(영문) 서울남부지방법원 2014.07.08 2014고단1838

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 21:10 on May 8, 2014, the Defendant driven a B Atop car without a vehicle driver’s license on a section of about 500 meters from the 76th day of Guro-gu Seoul Originalro 21-3 to the 871-14nd day of the same Gu.

2. On May 8, 2014, the Defendant driving the vehicles specified in paragraph (1) of the Road Traffic Act, and driving the two lanes of the two lanes in front of the area of the Guro-gu Seoul, Guro-gu, Seoul, in the direction of the Central Intersection, from the direction of the Central Intersection.

On the front of that place, the crosswalk where signal lights are installed, and the preceding vehicles are waiting for the signal signal. However, the Defendant, without securing the safety distance with the front vehicle, continuously proceeded with without securing the safety distance, and the Defendant, while leaving the signal waiting at the front section of the victim C Driving, who was waiting for the signal signal at the front section of the Defendant, saw the damaged vehicle into the front part of the Defendant, and did not immediately stop and take necessary measures, even though it damages the damaged vehicle to the front part of the Defendant’s repair cost of KRW 44,00.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. The ledger of driver's licenses;

1. Application of Acts and subordinate statutes on car inspection specifications;

1. Relevant Articles 152 subparagraph 1, 43, 148, and 54 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant, while driving without a license even though his license was revoked due to drinking driving in around 2012, the nature of the relevant crime is not good. However, the fact that the Defendant recognized and opposed the instant accident, that the Defendant agreed with the victim, that the Defendant did not have any criminal record or heavier than the fine, shall be considered as favorable circumstances.