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(영문) 수원지방법원 2014.10.29 2014고단3951

도로교통법위반(무면허운전)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving vehicles C.

On June 20, 2014, the Defendant, without a driver's license of a motor vehicle on June 20, 2012:57, was driving on the street front of the expressway, Sodo-dong, So-dong, So-Seoul, So-called Seoul, at an irregular speed in the direction of the Seoul in the direction of the Seoul, and changed the course.

In this case, the defendant engaged in driving service has a duty of care to safely drive the vehicle after he well sees the direction and direction prior to changing the course.

Nevertheless, the Defendant neglected this and went away without taking necessary measures when the occurrence of a heavy traffic accident, such as the report of a traffic accident, etc., even though the Defendant received a part of the victim D (M, 72 years old) driving E in front of the left-hand side of the vehicle from the right-hand side of the Defendant’s vehicle, which was driven normally on the right-hand side of the Defendant’s vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Written statements of D;

1. The driver's license ledger;

1. Application of the written estimate statutes;

1. Relevant provisions of Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act concerning criminal facts;

1. Selection of each fine by taking into account the fact that the option of punishment is divided into several parts, that the victim's damage was recovered through comprehensive insurance in which the defendant joined, and that the degree of the accident was relatively minor;

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