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(영문) 광주지방법원 목포지원 2017.07.04 2016고정609
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On November 07, 2015, the Defendant, in violation of the Road Traffic Act (unlicensed driving), driven a math truck with no driver’s license in a section of 10km from the direction of the village, to the three-distance road at the entrance of the village, where the same Gun rock is located near the Jinan-ri Village, Jin-ri Village, if the Defendant was in the same area near the new Gun.

2. On November 07, 2015, the Defendant violated the Road Traffic Act: (a) drive the said cargo without a driver’s license; (b) drive the said cargo at around October 55, 2015; and (c) drive the said cargo at a three-lane radius from the direction of the starting point in the new west-gun of the west-gun, the direction leading to the road front of the access road at the sea of the Sea, which is the place where the accident occurred.

At the time, the surface was milched and the area was the road bended by the coordinates. Therefore, there was a duty of care to prevent accidents in advance with surrounding facilities by properly manipulating the steering system and brakes with the driver of the vehicle.

Nevertheless, the Defendant neglected to pay attention to the front bank and neglected to properly operate the steering gear, leaving the road, and shocked the front of the freight of the Defendant, which is located on the road.

Ultimately, the Defendant damaged the property amounting to KRW 9,551,450 at the market price of the administrative expenses incurred in restoring the former state managed by the Korean electric power department due to the foregoing occupational negligence.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to a survey report on actual condition, on-site evidence photographs, the ledger of driver's licenses, a detailed statement of the cost of restoration, and a written request for facility charges;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1, 43, and 151 of the Road Traffic Act that choose a sentence: Selection of a fine;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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