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(영문) 서울중앙지방법원 2014.02.12 2013고정6858
도로교통법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 23:00 on April 25, 2013, the Defendant driven a BNS car without obtaining a driver’s license on a section of approximately 150 km from the front of a place of Cheongju-si in Seongbuk-gu, Seoul to the front of the National Bank located in Seongbuk-gu, Seongbuk-gu, Seoul, without obtaining a driver’s license.

2. The Defendant in violation of the Road Traffic Act is a person engaging in driving a vehicle as specified in paragraph (1) above.

Around 05:00 on April 26, 2013, the Defendant driven the above car and changed the lane to three lanes from the front side of the Korean National Bank in Seongbuk-gu Seoul, Seongbuk-gu, Seoul to the front side of the fourth line of the fourth line.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to safely change the vehicle line so that it does not conflict with other motor vehicles that are driving in order to reduce speed and enter the vehicle.

Nevertheless, the Defendant did not properly look at the front and rear of the said three-lane without obtaining a driver’s license as prescribed in the above Paragraph 1, and did not change the three-lanes, and shocked into the front and rear part of the victim’s Category D Operation D, which was driven by the Defendant at the right side of the car driven by the Defendant.

Ultimately, the Defendant destroyed the taxi owned by the said victim by occupational negligence as above, thereby damaging KRW 360,00 of the repairing cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Registers of driver's licenses;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 151 of the Road Traffic Act, the selection of fines for negligence and damage of property, and the selection of fines;

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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