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(영문) 울산지방법원 2017.03.27 2017고단34

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 27, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a Done Star Co., Ltd. without obtaining a driver’s license from the central market in Ulsan-gu, Ulsan-do to the front road in the same Gu-dong community service center located in the same Gu-dong.

2. The Defendant is a person who is engaged in driving of the Lone Star under paragraph (1) of this Act.

On December 27, 2016, the Defendant driven the above van on the 03:55 on December 27, 2016, and led the front distance of the office of the central Dong Dong-dong, Ulsan-gu, Ulsan-gu, to the front distance from the school successful room to the Sungnam-dong.

At this point, there was a duty of care to prevent shock by properly examining the progress of other vehicles, and as a person engaged in driving of a motor vehicle, there was a duty of care to prevent shock.

Nevertheless, the Defendant, as in paragraph 1, suffered from the negligence in the course of duties, where the Defendant did not look well at the progress of other vehicles without obtaining a driver’s license and passed through the intersection as soon as possible, and the part of the front portion of the driver’s seat of the Fpoet car driven by the victim E driving from the Matheading to the chilling side of the above chilling side, thereby shocking the victim E into the front part of the above chilling side of the chilling side, which requires approximately three weeks of medical treatment, injury to the victim E, such as fluoral fluoral dalum, etc. requiring approximately three weeks of medical treatment, and injury to the victim G, who is the passenger of the damaged vehicle, such as the catal fluoral dal dalumumum, etc. requiring approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G preparation;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) and proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 Subparag. 1, and Article 43 of the Road Traffic Act concerning criminal facts.