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(영문) 대구지방법원 2014.10.02 2014고단4158
도로교통법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person engaged in driving a BM5 vehicle.

On June 27, 2014, at around 20:45, the Defendant proceeded one-lane in the direction of the registry office from the direction of filial trees distance.

At night, in such a case, the suspect has a duty of care to accurately operate the steering direction, brake system, etc. of the vehicle, and to safely drive the vehicle by checking it well and safely and prevent the accident from occurring.

Nevertheless, the Defendant neglected to perform the duty of care at all times for cell phoness away from the floor of the car, thereby damaging the car at hand so that the Defendant 1,970,000 won of the repair cost, such as exchange of cell phoness with the right side part of the E-Wz ML350 car, which is the victim D owned by the victim of the car at the same direction as the left side part of the car of the Defendant driving.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the temporary border as stated in paragraph (1), and operated BM5 automobiles without obtaining a driver’s license for approximately 1 km section from the front day of the Mangdong-gu, Daegu Suwon-dong, to the front day of the Dong-dong 2, 608-1 reputation apartment, and the front day of the Dong-dong 608-1 reputation apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report, a traffic accident report (1) (2) and a traffic accident report (2) (2).

1. Registers of driver's licenses;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning the facts of crime and Article 151 of the Road Traffic Act (the occupation of causing damage by occupational negligence, the selection of imprisonment without prison labor), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the occupation of driving without obtaining a license and the selection of imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. The Criminal Act to order the community service and law-abiding lecture;

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