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(영문) 의정부지방법원 2015.09.04 2015고단1250
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who violates the Road Traffic Act (not after-accident) is a person engaged in the driving of BT2 cargo vehicles;

On November 3, 2013, the Defendant driven the above cargo vehicle on November 18:02, and made the left turn to the left at the right one-lane from the side of the Government of the Republic of Korea, one-lane between the two-lanes in front of the home fluor in the dispatching Republic of Korea.

On the opposite lane at the time, C Driving D 7.5 tons truck was stopped in the signal atmosphere, so in such a case, the driver of the vehicle had a duty of care to prevent the accident in advance by accurately manipulating the steering gear, brake system, etc. and safely driving the vehicle.

Nevertheless, the Defendant neglected this and neglected to turn left without obtaining a driver's license and received the left part of the Defendant's cargo vehicle, which was the rear side of the Defendant's cargo vehicle.

Ultimately, the Defendant did not take necessary measures to secure safe and smooth traffic, such as immediately stopping and checking damage caused by the damage, even though the repair cost of KRW 1,355,08, such as an exchange of side letters on loaded cargo due to the above occupational negligence, to the extent that the above truck is damaged.

2. Around November 18, 2013, the Defendant driven B-2 cargo vehicles without obtaining a driver’s license in a section of about 3 km from the front of the construction site of an influence in the influence Eup in Macheon-si to the home flusium road in the Macheon-si Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, and photographs;

1. Registers of driver's licenses;

1. Application of the written estimate statutes;

1. Relevant Articles of the Act and Articles 148 and 54 (1) of the Road Traffic Act, the choice of punishment for the crime, and the adoption of punishment;

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