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(영문) 창원지방법원 2016.08.26 2015고단3383
도로교통법위반등
Text

A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

On August 28, 2015, around 23:45, the Defendant driven a C Poter freight vehicle without obtaining a driver’s license from around approximately 200 meters from the front of the “Advance packaging” to the front of the “ Samsung Apartment” in the same Ri, which is located in the same Ri, on August 28, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses (A) and the main office;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 201Da1448, Apr. 1,

1. The part of dismissing the public prosecution under Article 62-2 of the Criminal Act

1. On August 28, 2015, the Defendant: (a) around 23:45, on the roads of “advanced Packaging,” located near the entrance of the Samsung Apartment-si, Jin-si; (b) around 200 meters away from the roads of “advanced Packaging” to the roads of “ Samsung Apartment” located in the same Ri; and (c) as at the time, a vehicle driver was at night, at the night, at the time, a vehicle driver was required to confirm whether there is a vehicle under the influence and parking, and even if there was a duty of care to safely drive, the Defendant was negligent in his/her duty of care to check whether there was a vehicle under the influence and parking; and (d) despite the fact that the Defendant was negligent in driving the said vehicle, the part of the said vehicle was the right part of the Defendant’s vehicle, which was parked near the entrance of the said Samsung Apartment apartment, owned by the victim

Ultimately, the Defendant damaged the said car from the foregoing occupational negligence to the extent that the repair cost is equivalent to KRW 588,918, such as the exchange of the front driver’s vehicle.

2. The facts charged in this part of the indictment are crimes falling under Article 151 of the Road Traffic Act, and cannot be prosecuted against the victim’s express intent under the main sentence of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents. The victim D cannot be prosecuted according to the trial records of this case.

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