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(영문) 수원지방법원 안산지원 2019.08.29 2018고단2895

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On February 10, 2017, the Defendant was sentenced to imprisonment for a crime of aiding and abetting in violation of the Game Industry Promotion Act at the Ansan District Court’s Ansan Branch on February 10, 2017, and the execution of the sentence was terminated at the Suwon Detention Center on June 21, 2017.

【Criminal Facts】

1. Around 07:30 on July 14, 2018, the Defendant driven a DNA vehicle from around 6 km to the front road in front of the Yandong-gu, Ansan-si, Ansan-si, without a driver’s license.

2. The Defendant is a person who is engaged in driving of D earth and sand vehicles.

On July 14, 2018, at around 07:30, the Defendant driven the above vehicle, and proceeds from the road in front of the 4 dormitory complex 3-lane in Ansan-ro, Newcheon-ro, Nancheon-ro, one-lane, at the Eanju-ro, one-lane. In such a case, a person engaged in driving a motor vehicle has a duty of care to care to prevent accidents by accurately manipulating the front section and accurately operating the steering direction and brakes.

Nevertheless, the Defendant neglected to operate the hand while driving, and received traffic signs, central separation groups, and central fences managed by the headquarters of the victim Ansan-si in the central separation zone of the left-hand side of the proceeding direction, which are installed in the center separation zone of the victim Ansan-si.

The Defendant did not immediately stop and take necessary measures while destroying the above property so that the repair cost of KRW 2,137,000 due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident or on-site photograph;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act, the choice of imprisonment with prison labor for each case;

1. Article 35 of the Criminal Act among repeated crimes;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.