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(영문) 대전지방법원 2019.11.28 2019고단3249
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for ten months and by a fine of 200,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-man car.

1. On August 5, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, and, on August 21, 2019, from the front side of the Daejeon Dong-gu Daejeon C Apartment to the front side of the Daejeon Seodong-gu D, the Defendant driven B string-man car at a approximately 8km section from around 8km to the front side of the C Apartment.

2. The Defendant violated the Road Traffic Act: (a) was brought back from the Empt side to the C apartment on the rear side of the Dong-gu Daejeon Metropolitan apartment, Daejeon.

In such cases, there was a duty of care to prevent accidents in advance by properly manipulating the steering gear, brake system, etc. to the person who is engaged in the driving of a motor vehicle.

The Defendant, while neglecting this, was parked in the back bank, received the front left side of the front side of the Defendant’s vehicle from the victim F, Gyststa taxi owned by the Defendant F.

Ultimately, the Defendant did not provide personal information to the victim, even though he damaged the pertinent car to be repaired by a repair cost, such as the fall from the back of the said car owned by the victim due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to traffic accident reports, on-site photographs, the ledger of driver's licenses, black stuffs video CDs, and investigation reports (victim's telephone statement);

1. Relevant law concerning the facts of crime, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act that selects the punishment, and subparagraph 2 of Article 156 of the Road Traffic Act (the occupation of driving without a license or imprisonment), and Article 156 subparagraph 10 of the Road Traffic Act and Article 54 (1) 2 of the Road Traffic Act (the occupation of

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) and (2) of the Criminal Act of the suspended execution;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.

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