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(영문) 부산지방법원 2014.07.14 2014고단3552
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A defendant who violates the Road Traffic Act (unlicensed driving) even though his/her driver's license is revoked;

3. On 24. 02:00, from the front day of the outer-type 1 road in Seocheon-dong, Busan, to the intersection of the U.S. located in Seocheon-dong, Busan, about approximately 3 KKm in the dong-gu, Busan, the B-type car was driven.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle B.

On March 24, 2014, at around 02:00, the Defendant driven the said car with the cancellation of the driver’s license as set forth in paragraph 1, and turned the instant car to the right bypassing it to approximately 100 km as soon as possible from the 2nd bank of the Manduk-gu, Busan to the front intersection located in the hot spring dong, Busan to the front intersection.

In this case, the driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant neglected to drive a stroke without a license and neglected to do so, and strokeed down the pine trees in the direction to the left side of the running part of the said car.

Ultimately, the Defendant suffered from the victim C (the age of 30) who was on board the instant car operation chief due to the foregoing occupational negligence, for approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. Investigation report on the actual condition of traffic accidents, traffic accident occurrence report, the ledger of driver's licenses, and accident site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso of Article 3 (2) and Article 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Article 62 of the Criminal Act:

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