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(영문) 수원지방법원 성남지원 2019.08.21 2019고정529

도로교통법위반(무면허운전)등

Text

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

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

Reasons

Punishment of the crime

Defendant

It is a person who drives his car B as a job.

On September 21, 2018, at around 00, the Defendant driven the said vehicle not covered by mandatory insurance, without obtaining a driver’s license from the G apartment parking lot in approximately 1km to the D apartment E-dong parking lot (Cancellation on November 23, 2016).

The defendant engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and the left side, and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, it is not neglected to do so in the D Apartment E-dong parking lot.

The upper part of the front part of the passenger vehicle owned by the victim F (34 years old) who is parked in the rear side was shocked with the back part of the vehicle.

Ultimately, the Defendant damaged the unexpected property to the damaged vehicle due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Registers of driver's licenses and mandatory insurance;

1. A written statement;

1. Application of statutes, such as photographs;

1. Relevant laws concerning criminal facts, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 46 (2) 2, Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 151 of the Road Traffic Act, and selection of fines, respectively;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.