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(영문) 춘천지방법원 강릉지원 2015.12.15 2015고단1181
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person engaged in driving on the Bndland.

On August 18, 2015, the Defendant driven the above van on the 01:35, and got out of the road at the entrance of the sloping Sea in Gangseo-si.

Since there are many roads at the entrance of bathing beaches and vehicles parked and stopped in the vicinity, there were duty of care to check whether a person engaged in driving of a motor vehicle is driving a motor vehicle in the rear side, and to safely check the progress of the motor vehicle.

Nevertheless, the Defendant, who neglected this and stopped at a later place due to negligence, was shocked with the part of the victim C(27 years old) driver's Dodddssan GT-R vehicle's upper part of the above Dodssan GT-R vehicle.

In the end, the Defendant damaged the said diversic acid car so that the repair cost was not awarded due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) and operated the B 11st driver’s license without the first class ordinary vehicle driving license at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and photographs;

1. The application of the register of driver's licenses, the kinds of motor vehicles that can drive, and the provisions of Acts and subordinate statutes concerning car checking;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152, Article 43, and Article 151 of the Road Traffic Act, the choice of penalty, and Article 151 of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the case of operating a vehicle with a Class II license and a Class I license,

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