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(영문) 창원지방법원 진주지원 2016.06.22 2015고정688

도로교통법위반(무면허운전)등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a observer car.

A. On September 20, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving a 14-km car volume without a driver’s license, from the front side of the bus terminal in the Sacheon-gu, Sacheon-gu, Sacheon-si, Sacheon-si, to the front side of the D department store located in C at the same time.

B. On September 20, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) driven the said car without a license, and made it left left at a speed of 60 meters at a speed of 60 meters per hour prior to the D assignment located in Scheon-si C.

Since the location is where signal lights are installed, a person engaged in driving service has a duty of care to drive safely in accordance with good faith.

Nevertheless, without neglecting this, the part on the left-hand turn of the vehicle driving signal is shocked by the front part of the driver's fk3 driver's left-hand part of the victim E(27 ) driving, which was operated under normal signals in the direction of the proceeding due to the negligence that the vehicle driving signal proceeded.

As a result, the Defendant suffered from the injury to the driver E of the victimized vehicle due to the foregoing occupational negligence in light of the following: (a) Rain salt pan in need of approximately two weeks of treatment; (b) Rain Ga G (V, 23 years of age) in the same passenger G; and (c) brain sle dynas, both sides of which require two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs, reports on traffic accidents, and marks on the head of transportation household;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 and 7 of the same Act, Article 268 of the Criminal Act (the causing of a traffic accident by negligence in the course of duties), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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.Article 70(1) and (2) of the Criminal Act to attract a workhouse.