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Reasons
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(영문) 대전지방법원 2020.05.22 2020고단1130
도로교통법위반(무면허운전)등
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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. On December 5, 2019, the Defendant: (a) driven a d-wing truck without obtaining a driver’s license in a section of about 1 km from the front of the Daejeon Seo-gu B office to the front of the same C apartment; (b) around December 5, 2019.

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

On December 5, 2019, the defendant driving the above cargo without obtaining a driver's license at around 12:45 on December 5, 2019, and led to the driving of the above cargo at an influorous speed in the direction of the new distance of Daejeon Pung-gu.

In this case, the driver of the motor vehicle has a duty of care to safely proceed to prevent accidents in accordance with the front section signals and prevent accidents.

Nevertheless, the Defendant neglected to do so, while proceeding in violation of the front line signal, received the first sentence part of the victim E (the 51-year-old driver) driving car at the left-hand in accordance with the new subparagraph from the left-hand side of the course direction, and received the front part of the said cargo vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. A medical certificate;

1. Application of the statutes on the register of driver's licenses;

1. Article 152 subparagraph 1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 152 and Article 43 of the Road Traffic Act, the proviso to Article 3 (1), Article 3 (2) 1 and 7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. In regard to the crime of violation of the Road Traffic Act (unlicensed Driving) in relation to the selection of sentence, the imprisonment without prison labor is chosen, and the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, it is possible to conduct without obtaining a license prior to

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