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(영문) 서울중앙지방법원 2014.11.19 2014고정3896
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 12, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor at the Suwon District Court for a violation of the Road Traffic Act, etc. and was finally decided on May 20, 2014, and driving B vehicles as its duties.

1. Around 18:30 on December 18, 2013, the Defendant driving the said vehicle at a section of about 40km in the direction of the South Korean intersection from the distribution intersection to about 350 meters from the distribution intersection in the direction of the Hannwon Winter Olympic Games, Seocho-gu, Seoul, without a driver’s license, around December 18, 2013.

2. The Defendant in violation of the Road Traffic Act, as a driver of a vehicle at the above date, time, and place, led to the front part of the vehicle B, which is a prior vehicle driving four-lanes among the five-lanes, by neglecting due care necessary for the performance of his duties.

After all, the defendant damaged the repair dog to the extent that the repair dog amounting to KRW 566,00 due to its shock.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

1. Registers of driver's licenses;

1. Written estimate;

1. On-site photographs;

1. Before judgment: Application of the defendant's legal statement and a copy of each written judgment;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Article 151 of the Road Traffic Act, and the choice of fines, respectively;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Articles 70 (1) 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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