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(영문) 의정부지방법원 고양지원 2019.10.01 2018고단372
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a BScar vehicle.

On June 8, 2017, around 23:45, the Defendant driven the said vehicle without obtaining a driver's license from the 1059 gold-line to the ELL, while driving the said vehicle at the 1059 gold-line.

At the time, there is a duty of care to reduce the speed for persons engaged in driving motor vehicles, to watch the right and the right and the right of the road, and to prevent accidents by driving motor vehicles at night and at the same time.

Nevertheless, the Defendant neglected to do so and failed to properly drive a motor vehicle without obtaining a driver’s license, and thereby, was completely driven by the Defendant’s vehicle with the shock prevention tank installed immediately before the pedestrian island.

After all, the Defendant damaged the shock prevention tank, which is a public object, to the extent that the repair cost equivalent to KRW 490,000, is sufficient due to the above occupational negligence.

2. Violation of the Road Traffic Act (Free Driver’s License) driving a B-Scar without obtaining a driver’s license from the front of C-owned Company C, a company located in Pakistan, to the 1059-mpon-si village of Pakistan, from the front of C-owned to the 1059-mpon-road.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to a certificate of insurance coverage, mandatory insurance policy, traffic accident report, site photograph, etc., and written estimate;

1. Relevant legal provisions concerning the facts of crime and Article 151 of the Road Traffic Act (the point of causing damage to property by negligence, the choice of imprisonment without prison labor), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the point of driving without obtaining a license and the choice of imprisonment);

1. The defendant, among concurrent crimes, is subject to seven criminal punishment for a violation of the Road Traffic Act (unlicensed driving).

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