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(영문) 대전지방법원 천안지원 2021.01.15 2020고단3021

도로교통법위반(무면허운전)등

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

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

Reasons

Punishment of the crime

1. On September 17, 2020, the Defendant violated the Road Traffic Act (unlicensed driving) driving a motor vehicle without obtaining a driver’s license around 17:40 on September 30, 202 and driving a motor vehicle with C A-Wd-Wd-Wed-Wed vehicle at approximately 10km from the front of the apartment apartment B in the Seo-gu, Seo-gu, Seocheon-si to the roads adjacent to the same Gu.

2. On September 30, 2020, the Defendant violated the Road Traffic Act (hereinafter “Road Traffic Act”), driving a motor vehicle of the upper leburged on the 17:40 on September 30, 202, and moving off the parking lot B apartment B, Seo-gu, Seoan-gu, Seo-gu, Incheon to the guard room.

At this point, there are many other automobiles parked, so there was a duty of care to prevent accidents in advance by checking the front, rear, and left and right of the vehicle driver.

Nevertheless, the defendant, who was parked on the right side of the defendant's driving due to the occupational negligence that proceeded by bypassing the right side without properly examining the back side and the right side, was shocked into the right side of the defendant's driving.

Ultimately, the Defendant, by the above occupational negligence, destroyed the above SM5’s automobile repair cost of KRW 866,00,000, and did not immediately stop and take necessary measures, such as providing the victim with his/her personal information.

Summary of Evidence

1. Statement by the defendant in court;

1. A victim statement of E;

1. The application of the actual survey report, the report on the occurrence of a traffic accident, the photographs of damaged vehicles, the data for editing the damaged vehicles booms, the data for editing apartment CCTV, and the ledger of driver's licenses;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 (Unlicensed Driving Points), Article 156 subparagraph 10 of the Road Traffic Act, and Article 54 (1) 2 (a) of the Road Traffic Act (a point in which personal information is not provided after parking vehicles are damaged), and the selection of fines;

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 Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;