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(영문) 수원지방법원 평택지원 2018.09.21 2018고단888
도로교통법위반(무면허운전)등
Text

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

The defendant is a person who is engaged in driving a rocketing car.

1. On March 23, 2018, the Defendant: (a) driven a motor vehicle with approximately KRW 200 meters away from the road front of the non-exclusive hospital in Pyeongtaek-dong on March 23, 2018 to the road front of the same city-ro 862 CGV film theaters at the same time without obtaining a motor vehicle driver’s license.

2. Crimes committed on April 6, 2018;

A. On April 6, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was going to proceed to the direction of an international hospital at Pyeongtaek-si International Hospital on the front of Pyeongtaek-si and the front of Dong-dong on the same side.

In this case, the driver of the motor vehicle has a duty of care to accurately operate the steering system, brakes and other devices of the motor vehicle, and to prevent the accident in advance by driving the motor vehicle in a safe manner by keeping the front right and the right and the right of the motor vehicle well and safely.

Nevertheless, the Defendant neglected this and proceeded as it was, and the Defendant was negligent, and the victim D, who was driving in front of the direction that the Defendant was driving, was faced with the injury, such as fluoral salt, which requires approximately two weeks of treatment, by shocking the front side of the Defendant driving vehicle.

B. On the date and time set forth in the above paragraph (a), Defendant 1 driven a rocketing car without obtaining a driver’s license from the front of the cyber apartment in Pyeongtaek-si East to the place set forth in the above paragraph (a).

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (victim D telephone communications);

1. A survey report on actual conditions;

1. The driver's license ledger;

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the driver’s licenseless driving and the choice of imprisonment with labor) regarding criminal facts, Article 3(1) and proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation in the course of business and the negligence), Article 268 of the Criminal Act.

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