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(영문) 대구지방법원 2015.04.16 2015고단333

도로교통법위반(무면허운전)등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 3, 2013, the Defendant was punished for a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (driving without a license) by a fine not exceeding 4 million won for a violation of the Road Traffic Act (driving without a license) at the Busan District Court, and on October 15, 2014, by a fine not exceeding three million won for a violation of the Road Traffic Act (driving without a license) at the Busan District Court, the Defendant was sentenced to a summary order of not less than two times.

On December 17, 2014, the Defendant, without obtaining a driver’s license on December 17, 2014, driven a CP car at a section of about 1 km from the day before the cafeteria in the trade name in the Busan Northern-dong, Daegu-gu to the front day of the same city, in the condition of being drunk with 0.064% of the blood alcohol concentration without obtaining a driver’s license.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a CAP car.

On December 17, 2014, the Defendant driven the above car on December 17, 2014, while driving the said car along the three-lane road in front of the Filial wood-dong, Daegu Dong-gu, Daegu along the two-lanes from the string side to the string zone. The Defendant changed the three-lane to the third-lane.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering gear by accurately operating the steering gear and operating the steering gear on the lane.

Nevertheless, the defendant neglected this and conflict with the victim D(59 years old, south) driving along the three-lane due to the negligence of changing the lane as it is, the upper part of the E rocketing car in front of the left side of the defendant's car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Registers of driver's licenses;

1. A medical certificate;

1. Report on the results of drinking control, and report on the state of drinking practice and statement;

1. A report on occurrence of a traffic accident;