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(영문) 서울남부지방법원 2019.05.15 2019고정392

도로교통법위반(무면허운전)등

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. Around 13:00 on July 11, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) driving, at the apartment building of Yangcheon-gu Seoul Metropolitan Government, the Defendant driven the C Ecoos car at approximately 4 km without obtaining a driver’s license until the entrance of the Yeongdeungpo-gu Seoul Metropolitan City Prisoners of War 272 Young-gu.

2. Around 13:00 on July 11, 2015, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) driven the C Ecoos car at a two-lane of the three-lane distance, using the entrance of the so-called Yeongdeungpo-gu Seoul High Military Prisoners of War 272, Yeongdeungpo-gu, Seoul High-gu, as the area of the so-called Young-gu Market Scoos of War Pos

A driver of any motor vehicle shall not drive the motor vehicle without obtaining a driver's license, and has a duty of care to prevent accidents by driving the front door well and safely.

Nevertheless, the Defendant neglected to do so and was driven by the victim D(W, 58 years old) who started earlier than a passenger car due to the negligence of sudden departure of the car, and was driven by the Defendant’s vehicle behind the car driving.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Accident records and written confirmation of the payment of insurance proceeds;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (1), Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines for each crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;