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(영문) 청주지방법원 2019.10.25 2019고단1317

도로교통법위반(무면허운전)등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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 20:55 on June 10, 2019, the Defendant violated the Road Traffic Act (clock after accidents) and driven a motor vehicle DNA on the two-lane road in the direction of the E-care center by driving the motor vehicle on the two-lane road in the direction of the E-care center.

At the time, there were night vehicles and vehicles that passed or parked around the road, and thus, the Defendant, who was engaged in driving service, had a duty of care to properly operate the steering wheel and steering system and to proceed with it in a safe manner.

Nevertheless, the Defendant neglected to do so and failed to properly operate the steering direction and operation system without properly operating the steering direction and operation system, and went away from one lane and entered two lanes, and entered the two-lanes. The back part of the victim G HM5 car stopped in the front direction of the Defendant’s driving direction was received as the front part of the said franchise vehicle.

The Defendant, by such occupational negligence, destroyed the said SM5 car to be repaired in KRW 1,780,00,00 for repair costs, and immediately stopped and escaped without taking measures to prevent traffic danger.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the time and time set forth in paragraph (1) of this Article, driving the car without a vehicle driving license from the front of the J cafeteria located in the Heung-gu Seoul Metropolitan City, Chungcheongnam-gu I to the front of the said KK Middle School located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A report on the occurrence of a traffic accident, a report on actual conditions, a report on internal investigation, an investigation report (No. 7, 10, 12, and 13 in the evidence list), the register of driver's licenses;

1. Application of statutes on field photographs;

1. Relevant provisions of Article 148, Article 54 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and imprisonment with prison labor (the same kind of electricity, etc.);

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

1. The Criminal Act, the suspension of execution;