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(영문) 대구지방법원 김천지원 2020.01.30 2019고단1262
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 October 10, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) and operated a DNA Poter, a stable, and a cargo-caping vehicle without obtaining a driver’s license from a 1km section from the front of the Gyeongcheon-si, Kim Jong-si to the front of the closure and collection site adjacent to the C apartment, around 1km.

2. Violation of the Road Traffic Act (Ch.A.) is a person engaging in driving freight vehicles to capture DPoter, Poster, a stable, and ausbus.

On October 5, 2019, at around 10:10, the Defendant received the back portion of the passenger car owned by the victim F, which was parked in the place while driving the said cargo at around 10:10,00, as the back portion of the said cargo vehicle.

The defendant did not take necessary measures, such as destroying property to cover 667,358 won of the repair cost, and providing the victim with personal information.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A report on the occurrence of a traffic accident, a actual condition survey report, and a photograph of the accident site;

1. Application of Acts and subordinate statutes of a detailed statement of chassis, automobile inspection, and maintenance;

1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the choice of punishment, and Articles 156 and 54 (1) 2 of the Road Traffic Act (the point of taking measures after an accident, the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 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) of the Criminal Act (limited to imprisonment);

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant was punished for a violation of the Road Traffic Act (unlicensed driving) in 2018; (b) the Defendant has no record of punishment exceeding the fine; (c) the Defendant’s age, character and conduct; (d) the environment; (e) the motive, means and consequence of the crime; and (e) the conditions of all the sentencing shown in the instant pleadings, such as the circumstances after the crime.

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