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(영문) 수원지방법원 안산지원 2016.01.22 2015고단3824
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 a period of 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 motor vehicle of the vehicle of the vehicle of the vehicle of the C.

On November 14, 2015, the Defendant driving the said car as a business without a driver's license, and driving the two-lanes of the four-lanes of the four-lanes in front of the seat of the member-gu, Ansan-si at Ansan-si at the time of vision from the high level of the new road to the vision of the city at a speed of about 60 kilometers.

At the time, the Defendant was behind the FM3 car of the Victim E(46) driving, and in such a case, the Defendant had a duty of care to accurately operate the steering direction and operating system of the vehicle and to safely drive the vehicle by keeping the front direction and the right and the right and the right and the right of the vehicle in a safe manner to prevent the accident from occurring.

Nevertheless, the Defendant neglected to do so and went away without taking any rescue measures, by shocking the front part of the above SM3 car, which is going to the front section of the said SM3 car due to the occupational negligence, and destroying the said SM3 car to cover KRW 5,603,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Written estimate;

1. Application of Acts and subordinate statutes to the driving license ledger;

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 (the occupation of a measure that is not taken after the destruction of goods) of the same Act, and the selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order of community service, but the degree of damage to the victim's vehicle is very serious;

It appears that the defendant committed the crime of this case even though he was sentenced to suspended sentence due to the crime of the same kind around 2005, but he committed the crime of this case on the other hand, on the other hand, after the crime of this case, he did so, and the victim also stated to the effect that he does not want the punishment of the defendant at an investigative agency (the investigation record is the same).

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