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(영문) 서울중앙지방법원 2018.03.28 2017고단8975
도로교통법위반등
Text

A defendant shall be punished by imprisonment for 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

1. The Defendant in violation of the Road Traffic Act is a person engaging in driving a vehicle B AD.

At around 22:00 on May 16, 2017, the Defendant proceeded at a speed of two-lanes from the long distance to the long distance of the Cheongdo Park in Gangnam-gu Seoul Metropolitan Government, at which it is impossible to identify the three-lane roads of the front of the Gangnam-gu Seoul Metropolitan Government.

At that time, the signal, etc. was installed in the front, and thus, the driver of the vehicle has the duty of care to reduce the speed of the driver and to safely drive the road in accordance with the traffic signals and prevent the accident in advance.

Nevertheless, the Defendant neglected this and continued to proceed in violation of the signal while continuing to stop the signal, and received the front part of the E-solitary car driven by the victim D, who was driven by the U-turn in accordance with the new subparagraph, from an adjacent point of view.

Ultimately, the Defendant damaged the above mixed car owned by the victim due to the above occupational negligence to the extent that the repairing cost of approximately KRW 2,871,00, such as the repair of the front driver.

2. On the day specified in paragraph 1, Defendant 1, the Defendant on the Road Traffic Act (Non-licenseless Driving) driven a B-A-D car within approximately 600 meters from the window around Gju in Gangnam-gu Seoul, to the place specified in paragraph 1, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. Application of written estimates and the laws and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Article 151 of the Road Traffic Act (the occupation of damage to property on duty and on duty, the selection of imprisonment without prison labor), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the occupation of unauthorized driving, the selection of imprisonment without prison labor);

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., confession, degree of damage, record of crime, etc.);

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