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(영문) 광주지방법원 2014.05.01 2014고단1088
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

The defendant is a person engaged in driving a observer car B.

On November 22:15, 2014, the Defendant driving the said vehicle without obtaining a driver's license on November 22:15, 2014, and driving the said vehicle, leading to a road in front of the construction site of the Heung Young-gu, Gwangju, to a about 40 kilometers per hour at the time of using a two-lane in the direction of the monthly valley from the Jung-gu, Gwangju.

Since there is an intersection where traffic control is not performed, the driver of the motor vehicle has a duty of care to check the safety of the road by properly examining the situation of the front, left, and right traffic before entering the intersection, and to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and received the left-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-on of the right-hand side of the driving direction without a driver’s license, following the left-hand turn-hand turn-hand turn-on by the victim C (Seoul, 55 years old).

The Defendant, by such occupational negligence, destroyed the victim's car free-to-land repair cost to be equivalent to KRW 577,927, such as the exchange of the victim's car, and escaped from the site without any measure.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement (simplified traffic) with C;

1. Application of each Act and subordinate statute to entries in a traffic accident actual condition survey report (1), a traffic accident actual condition survey report (2), a driver's license register, and a written estimate of general repair costs;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act, the choice of imprisonment with prison labor for each case;

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

1. The fact that the suspended execution is against the depth of the instant crime under Article 62(1) of the Criminal Act, and damage.

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