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(영문) 광주지방법원 장흥지원 2019.07.11 2019고단6
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 13:20 on November 24, 2017, the Defendant: (a) started driving without obtaining a driver’s license; (b) started from the road near the head of the Suncheon Line, the head of the Suncheon-dong, Seopo-si, Seopo-si; and (c) driven C Poter freight without obtaining a driver’s license in the section of about 5 km from the road in front of the same city until the same city, when the address in the new market is unknown.

2. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On November 24, 2017, the Defendant driven the above cargo vehicle on November 13:28, 2017, and led to the two-lane road in front of Seopopopo City B from the west-dong, Hong-dong community service center at the right speed.

In this case, the driver of a motor vehicle has a duty of care to prevent accidents in advance by thoroughly manipulating the steering time and properly manipulating the steering gear, brake system, etc.

Nevertheless, the defendant neglected this and proceeds without examining road traffic conditions.

From the right side of the proceeding direction to the left side of the crosswalk, the victim did not find the victim D, and the victim was shocked to the road, so that the victim exceeded the road.

As a result, the defendant suffered injury, such as an injury to the victim, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, a report on the actual condition, on-site photographs, and the register of driver's licenses

1. Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (1), Article 3 (2) and Articles 6 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act, which apply to the relevant criminal facts, the selection of punishment by imprisonment without prison labor,

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

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