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(영문) 제주지방법원 2019.01.28 2018고단846
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On February 7, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Road Traffic Act at the Jeju District Court on February 7, 2018, and the judgment becomes final and conclusive on February 15, 2018 and is currently under probation period.

【Criminal Facts】

Around 14:55 on February 19, 2018, the Defendant driven a G rocketing car owned by F in the section of about 5 km from the 3rd Do in Jeju-si to the e-cafeteria located in D in the same city without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. A survey report on actual condition (1) (2);

1. The ledger of driver's licenses;

1. Application of H's written estimate statutes;

1. Relevant Act of the crime and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

1. Selection of a selective fine (the sentence of a fine identical to the disposition shall be imposed in consideration of the fact that the sentence is against one another, the previous conviction of a suspended sentence is due to drinking, and thus, it is not due to driving without a license, such as the main sentence, and some of the extenuating circumstances exist to consider the motive

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. A summary of the facts charged - Around 14:55 on February 19, 2018, the Defendant violated the Road Traffic Act: (a) destroyed property by neglecting his/her duty of care to safely check the front and rear side of his/her parking vehicle and to prevent accidents by driving his/her parking vehicle in front of a restaurant located in D at Jeju on February 19, 2018; (b) due to the negligence of neglecting his/her duty of care to safely prevent accidents while driving his/her parking vehicle on the front and rear side of the restaurant; and (c) neglecting his/her duty of care to prevent accidents.

2. Determination:

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