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(영문) 광주지방법원 해남지원 2018.10.04 2018고단272
도로교통법위반(무면허운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] On November 30, 201, the Defendant was sentenced to a summary order of KRW 2 million for a violation of the Road Traffic Act (unlicensed driving) and a violation of the Road Traffic Act (unauthorized driving after an accident), and on June 15, 2012, the same court issued a summary order of KRW 6 million for a violation of the Road Traffic Act (unlicensed driving), respectively. On May 26, 2015, the same court was sentenced to a summary order of KRW 7 million for a crime of violation of the Road Traffic Act (unlicensed driving). On October 31, 2016.

[Criminal facts] The Defendant is a person engaging in driving a cuss car in C.

On June 10, 2018, the Defendant driven the above vehicle without a driver's license on 04:30 on June 10, 2018, and proceeded to the repair of modern agricultural machinery in front of the Donnam-do Do, and proceeds from the repair of modern agricultural machinery at the funeral funeral room.

In such a case, the driver had a duty of care to prevent accidents by accurately operating the steering and steering gear, and accurately manipulating the steering and steering system.

However, the Defendant neglected this and proceeded without the driver’s license, thereby damaging the victim E-driving part of the vehicle in front of the Defendant’s vehicle to the right side and the right side of the vehicle, and leaving the site without taking any measures, so that the repair cost cannot be accurately known.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of traffic accidents prepared by E;

1. Reporting on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. Evidence and photographs of the traffic accident;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a copy of each written judgment, and the application of statutes on each summary order;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning the facts constituting an offense, Articles 148 and 54 (1) of the Road Traffic Act (a point where measures are not taken after an accident) of the same Act, and the selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes.

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