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(영문) 청주지방법원 2013.06.19 2011고단2619
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 21, 2010, the Defendant was sentenced to eight months in the Cheongju District Court for the violation of the Road Traffic Act (unlicensed Driving) and completed the execution of the sentence in the Daejeon Prison on August 3, 201.

1. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving B Pops.

On September 4, 2011, the Defendant driven the above cargo vehicles around 08:30 on September 4, 201, and continued the vehicle following the road in front of the Bupyeong-gu Seoul Metropolitan Government in the internal waters of Chungcheongnam-gu, Chungcheongnam-do.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle so that it does not impede the operation of other motor vehicles by checking the rear side and the left side.

Nevertheless, the Defendant neglected this and did not properly check the traffic progress of the rear side, and caused damage to KRW 589,501 of the repair cost by shocking the back part of the victim C-owned Drare driving the said road to the internal police box from the side of the front restaurant.

2. Around 08:30 on September 4, 201, the Defendant driven B cargo vehicles without obtaining a driver’s license from the 344-1st day of the Mad-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement of the police statement regarding C;

1. The register of actual condition survey reports, estimates, and the register of driver's licenses;

1. Previous convictions in judgment: Criminal records, investigation reports (Attachment of judgment), and application of Acts and subordinate statutes concerning criminal investigation reports (verification of the date of release from court);

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152, Article 43, and Article 151 of the Road Traffic Act, the choice of punishment, and Article 151 of the Road Traffic Act (the occupation of causing damage to property by negligence and the selection of imprisonment without prison labor);

1. Article 35 of the Criminal Act among repeated crimes;

1. The Criminal Act among concurrent crimes.

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