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(영문) 서울서부지방법원 2018.02.08 2017고단3839
도로교통법위반(무면허운전)등
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

1. Around November 25, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driven a eF rocketing car without obtaining a driver’s license from the front side of D real estate located in Mapo-gu Seoul, Mapo-gu, Seoul to the 11rd day of the Seoul Mapo-gu 18 km-ro 11 km-ro, Seoul Mapo-gu.

2. When it is evident that any person violating the Traffic Act has damaged a motor vehicle loaded on spirits due to traffic, such as driving of a motor vehicle, etc., he/she shall immediately stop the motor vehicle and provide the victim with his/her personal information;

On November 25, 2017, at around 19:20, the Defendant left the site without providing the Defendant’s personal information, despite the fact that the front part of the GMW car parkeded by the victim F was damaged to the lower part of the Defendant’s vehicle, thereby damaging the repair cost equivalent to KRW 941,224, while leaving the site without providing the Defendant’s personal information.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. The driver's license ledger;

1. Written estimate;

1. Application of Acts and subordinate statutes to a CCTV image closure;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 (Unlicensed Driving Points), Article 156 subparagraph 10 of the Road Traffic Act, and Article 54 (1) 2 (in the case of non-provision of personal information after damage) of the Road Traffic Act, and selection of fines, respectively;

1. Aggravation of concurrent crimes with the punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the maximum amount of the crimes above) of the aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) only once taking into account the sentencing conditions stipulated by Article 51 of the Criminal Act, such as the Defendant’s age, sex, family environment, motive for committing the crime, and circumstances after committing the crime.

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