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(영문) 서울북부지방법원 2020.10.16 2020고합199
준강도등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A quasi-Robbery Defendant: (a) around 11:50 on April 21, 2020, the victim C (the age of 26) was faced with the street, etc. during the string of a string and driving a car with a height of about 10 meters on the victim E-owned car, which was managed by the victim C (the age of 26) in the victim C, as a motor vehicle repairman, using the string of a string car owned by the victim E; and (b) the victim, who was aware of this fact, was assaulted twice the victim C face with a view to evading arrest by attaching it to C.

2. The Defendant in violation of the Road Traffic Act is a person engaging in driving a Funst vehicle.

The defendant, at the time and time specified in paragraph (1), proceeded at a speed that would not be able to see the front road B in the middle-gu Seoul Metropolitan Government.

In such cases, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the steering gear, steering gear, and brakes.

Nevertheless, the Defendant neglected to do so and got a street, etc. managed by the Jung-gu Office installed at the right side of the Defendant’s proceeding direction by negligence.

Accordingly, the Defendant damaged the street lamps by occupational negligence above in a way that amounting to three million won of repairing costs.

3. The Defendant violated the Road Traffic Act (unlicensed Driving) at the time and time set forth in paragraph 1, driving the Funst Motor Vehicle without obtaining a driver’s license in a section of about about 10 meters from the front of the Seoul Jung-gu to the Seoul Southern-gu G.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report by the police statement of C (in relation to the victim H, the street lamps of the Jung-gu Office, and CCTVs around the site), respectively;

1. Automobile register;

1. Registers of driver's licenses;

1. Application of statutes, such as site photographs;

1. Relevant legal provisions for facts of crime, Articles 335 and 333 of the Criminal Act (the quasi-Robbery) and Article 151 of the Road Traffic Act (the act of causing property damage by occupational negligence), and Article 151 of the Road Traffic Act.

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