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(영문) 부산지방법원 서부지원 2019.10.25 2019고단1149
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

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

1. On April 3, 2019, the Defendant, without obtaining a driver’s license, driven the said car at a section of approximately 8 kilometers from a section of approximately 8 kilometers to the front of the E Hospital located D at the Busan apartment parking lot without obtaining a driver’s license.

2. The Defendant driven the said car at the above temporary border, and driven the said car to F elementary school from the side of the Danpo Bathing beach to the front of the E Hospital located in Busan, which is located in D, and neglected to perform the duty of front-time navigation, and failed to properly operate the steering and brakes, thereby damaging the center separation zone to the left-hand part of the running direction by accepting the said vehicle as the front-hand part of the said vehicle, thereby damaging the center separation zone to the amounting to KRW 2,250,000 in a total of the repair cost, and escaped without immediately stopping the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Fact-finding report, internal investigation report (investigation into matters on vehicle contracts), and investigation report (investigation into matters on vehicle contracts);

1. A copy of a vehicle lease contract, and a written estimate;

1. Registers of driver's licenses, details of disposition for cancellation of driver's licenses, and disqualified meetings of main office;

1. Application of Acts and subordinate statutes on site photographs of the accident site, and photograph of the suspected vehicle;

1. Relevant legal provisions concerning the facts of crime, and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Article 151 of the Road Traffic Act, Article 151 of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act (the occupation of measures not taken after accidents and the choice of imprisonment);

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act (Aggravated Punishment concerning Crimes of Violation of the Road Traffic Act with the largest punishment (Aggravated Punishment)

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Traffic accidents involving the defendant's reasons for sentencing under Article 62-2 of the Criminal Act of the community service order and order to attend a lecture by short and repeated driving.

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