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(영문) 서울남부지방법원 2015.02.13 2014고단3829
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On August 18, 2014, at around 12:50, the Defendant driven a Dice car at approximately 4 km from the roads around the 352 New-distance Korean Bank to the roads front of the cafeteria located in Yangcheon-gu, Yangcheon-gu, Seoul, without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the cancellation of driver's license;

1. Relevant provisions of Article 152 subparagraph 1 of the Road Traffic Act, Articles 152 and 43 of the same Act concerning facts constituting an offense, the selection of a fine (an erroneous determination and radius, and the fact that no other criminal record exists, other than punishment by a fine, once);

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is that the Defendant is a person engaged in driving a DScar car.

On August 18, 2014, the Defendant driven the said car at a speed of about 40km from August 12:50, 2014, and driven the three-lane road in front of the C cafeteria in Yangcheon-gu Seoul Metropolitan Government, at the New Ne-distance Seaside to the Seoul Southern District Court, at a speed of about 40km.

There are two straight lines, which are delivered to the right side of the above road and electric distribution opening and disuse which are owned by the Korea Electric Power Corporation. Therefore, the driver of the motor vehicle has a duty of care to take care of the operation of the motor vehicle in advance by accurately operating steering devices and brakes.

Nevertheless, the Defendant neglected to do so and instead erroneously operated the steering gear and the steering gear, which was installed on the right side of the Defendant’s running, and the above electric distribution dog was operated by the head of the passenger car operation which the Defendant driven.

After all, the Defendant destroyed the above electric distribution opening and disuse by occupational negligence as above to KRW 27,094,215 as repair cost.

2. Determination

(a)Article 151 of the Road Traffic Act;

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