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(영문) 춘천지방법원 강릉지원 2020.06.12 2020고단120
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 200,000 won.

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

Reasons

Punishment of the crime

1. Around 17:00 on January 4, 2020, the Defendant driving a Epoter-II cargo vehicle without a vehicle driver’s license at a section of approximately 500 meters from the front of Gangnam-si B to the same city apartment parking lot.

2. The Defendant violated the Road Traffic Act by neglecting his duty of care to prevent an accident in advance by putting the inside of the apartment parking lot of the Do apartment in a fung-si at an indefinite speed as stated in paragraph (1), and by neglecting the duty of care to prevent the accident, the Defendant left the site without taking necessary measures, such as destroying the passenger car in front of the above cargo vehicle which was parked in the place and destroying the passenger car in front of the above cargo amounting to KRW 1,199,427, and providing the victim with personal information.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. Statement of automobile inspection and maintenance;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Article 152 subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Act on the Selection of Punishment for the Crime (to be Imprisonment with prison labor taking into account the point of driving without a license and the records of the same crime), Article 156 subparagraph 10 of the Road Traffic Act, and Article 54 (1) 2 of the Road Traffic Act (to provide personal information and to select fines);

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

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

1. Article 62 (1) and (2) of the Criminal Act (limited to imprisonment with prison labor in consideration of the fact that the accused makes a confession of a crime and commits a mistake);

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

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