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(영문) 대구지방법원 경주지원 2017.07.20 2017고정91

도로교통법위반등

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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On November 2, 2015, the Defendant, in violation of the Road Traffic Act (unlicensed Driving), driven a rocketing car without obtaining a driver’s license from the front of the modern hospital located in the Sungdong-dong at the time of racing to the front road of the female middle school at the time of racing, from around 5 km to that of the female middle school at the time of racing.

2. The Defendant in violation of the Road Traffic Act is a person engaged in driving the said rocketing car.

Defendant 1 driven the said car without obtaining a driver’s license as above on the above day, and driven the said car along the three-lane road in front of the Women’s Middle School located in the Chungcheongnam-dong at the time of the racing along the intersection of the Western-do University at the speed of 3-lane from the Western-do University.

Since this is a hond road, there was a duty of care to prevent accidents in advance by driving a person engaged in driving of a motor vehicle with a view to driving the motor vehicle, and operating the steering gear accurately.

Nevertheless, the Defendant neglected this and went away from the vehicular road, and was 5 gh of street trees owned by the victim racing-si, who was planted in the front part of the above car due to the negligence of breaking the sidewalk.

Ultimately, the Defendant damaged the above roadside trees to cover KRW 2,871,00 of restoration expenses due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of traffic accident report, actual condition survey report, field photo, ledger of driver's license, statement of calculation of changed prize money, investigation report (verification of the owner of street trees) and Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 151, 152 subparagraph 1, and 43 of the Road Traffic Act concerning the facts constituting an offense;

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 Criminal Procedure Act of the Provisional Payment Order.