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(영문) 수원지방법원 2016.04.28 2016고단229
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

1. On October 14, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving on the road, without obtaining a driver’s license, in a section of approximately 300 meters from the front of the wife population G to the Muser parking lot located in L from the front of the wife population G to 300 meters.

2. On October 14, 2015, the Defendant violated the Road Traffic Act: (a) came to go behind a parking lot of MV in the MV in the MM population LA in Young-si on October 14, 2015; (b) the Defendant was obliged to take a duty of care to check whether the rear side is safe; and (c) accurately manipulate the operation system and steering gear, etc. to prevent accidents in advance.

Nevertheless, when the defendant neglected this and did not confirm the rear side properly, he borrowed the part which was owned by the victim N, who was parked in the direction of the rear of the defendant's vehicle, and received the front part of the passenger car operation.

Ultimately, the Defendant damaged the above vehicle owned by the victim by occupational negligence so that the market price cannot be ascertained.

3. The owner of a motor vehicle violating the Guarantee of Automobile Compensation Act, when operating the road, shall subscribe to mandatory insurance and operate the motor vehicle, but the Defendant operated the F motor vehicle not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Sponsor photographs of shocked vehicles;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 152 and Article 43 (Unlicensed Driving) of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and selection of imprisonment with prison labor, for any crime;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 38(3), and Article 50 of the Criminal Act are the same as the defendant has been sentenced to a fine on several occasions due to drinking or non-licensed driving, and the defendant is the same.

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