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(영문) 수원지방법원 성남지원 2017.11.10 2017고단2188

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 6, 2017, from around 10:30 to around 10:50, the Defendant driving a motor vehicle without obtaining a driver’s license in the section of approximately 2.2 km from the roads in front of the Saemaul Undong-dong, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-dong to around 5113-9, the same Singu, Seo-gu, Seo-gu, Sungnam-dong, Seoul, without obtaining a driver’s license.

2. On May 6, 2017, the Defendant violated the Road Traffic Act (after-accidents), driving the above vehicle on or around 10:30 on or around May 6, 2017, and driving the vehicle to turn to the left at the right right angle in the direction of the spawning distance intersection in front of the Saemaul Undong-gu, Chungcheongnam-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu.

D The side of the driver's seat of the city bus was destroyed by the Defendant's driver's seat in front of the driver's seat of the vehicle.

In the event that any person is killed or injured or any goods are damaged by traffic, necessary measures such as immediately stopping the vehicle and providing assistance to casualties shall be taken. However, even if the bus is damaged to have an amount equivalent to KRW 600,000,000, the Defendant immediately stopped the bus and escaped without taking necessary measures, such as saving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. An investigation report on the actual condition of a traffic accident and a written statement on the occurrence of a traffic accident;

1. The driver’s license ledger;

1. Application of the Acts and subordinate statutes on the screen of a black boom and a caps on vehicles;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (non-licensed driving point), Articles 148 and 54 (1) of the Road Traffic Act (a point where measures are not taken after an accident), the selection of imprisonment for each sentence;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes show the attitude of the Defendant to confession and reflect each of the crimes in this case, and the fact that no personal damage has occurred due to minor traffic accidents, shall be considered in light of the circumstances favorable to the Defendant.

However, the defendant has a number of criminal records of the same kind and suspended execution due to driving without a license.