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(영문) 창원지방법원 2014.07.15 2014고단1174

도로교통법위반(무면허운전)등

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1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 20, 2007, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Changwon District Court on April 20, 2007, and a fine of KRW 3.5 million due to a violation of the Road Traffic Act (driving) at the Changwon District Court on June 28, 2010.

1. On April 16, 2014, the Defendant: (a) around 14:15, the Defendant driven CSP car at a section of about 3 km to the front road of the Jinam-dong reserve forces located in the Jinam-gu, Jinam-si, Gowon-si without obtaining a driver’s license; and (b) on the front road of the Jinam-dong reserve forces located in the same Gu.

2. "2014 Highest 1685";

A. On April 6, 2014, at around 15:14, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license), the Defendant driven CSP car under the influence of alcohol content of 0.134% while under the influence of alcohol, without obtaining a driver’s license, from around about 4km to the front road of the Jinju station located in the Jinju-dong in the Jinwon-dong at Changwon-si, Jinwon-si at the same time.

B. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents

On April 6, 2014, at around 15:14, a person engaged in driving of a passenger vehicle specified in the port, driving the said vehicle while under the influence of alcohol, and driving the vehicle along the two-lanes of two-lanes of the front road of the said Jinju station in the front of the said Jinju station at the front-dong erogate.

Since there is a signal, there was a duty of care to thoroughly see the front side to a person engaged in driving of a motor vehicle, and to prevent accidents by accurately manipulating the brake according to the stop signal.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the influence of the victim D(30 years of age) driving the eM3 vehicle under the influence of the eM3 vehicle due to the negligence of neglecting it, and received the back part of the eM3 vehicle in front of the passenger vehicle.

Ultimately, the Defendant committed the above occupational negligence for about two weeks to the above victim.