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(영문) 대구지방법원 2014.02.07 2013고정2876
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 20:10 on September 27, 2013, the Defendant violated the Road Traffic Act (unlicensed Driving) driving, without a driver’s license, KRW 100 meters, to the front road of the Twitde in front of the building in the Daegu Jung-gu, Daegu-gu, without a driver’s license.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, by driving the said car without a driver’s license for the temporary border as set forth in paragraph 1, led to driving the said car on the front of the Twitde road in the Daegu-gu East Eastern-gu.

In such cases, as a driver of a motor vehicle, he/she has a duty of care to properly see the front side and the left side and the left side, and to accurately manipulate the steering and brakes so as to prevent the accident from occurring.

Nevertheless, the defendant neglected this and was negligent in driving on the front side of the road by the victim C(59 years old) who was driven by the victim C(59 years old) who was driving on the front side of the road due to the negligence of the defendant.

Ultimately, the Defendant suffered from the victim E (the 28 years old), who was the passenger of the said taxi, about two weeks of medical treatment due to the above occupational negligence, the victim E (the 28 years old), respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of the statutes on the register of driver's licenses;

1. Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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