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(영문) 서울남부지방법원 2018.11.29 2018고단5248
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 15, 2018, the Defendant was driving a two-wheeled two-wheeled vehicle without obtaining a Class 2 license from approximately 27 km in the section of about 27 km in front of the gas station located in Guro-gu Seoul, from 6 Do, 38 luminous-ro luminous-ro luminous-ro around 08:45 on August 15, 2018 to 38 luminous-ro.

2. On August 15, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a two-wheeled vehicle D 278cc or more without obtaining a Class 2 license for a small-type license on August 15, 2018, and proceeded in the direction of one path from the opening of two-way shooting distance front of the gas station in Guro-gu Seoul Metropolitan Government.

Since the location is a private-distance intersection where signal lights are installed, there was a duty of care to safely drive a person engaged in driving of a motor vehicle according to traffic signals.

Nevertheless, the defendant neglected this and failed to stop, and due to the negligence of the defendant's right-hand signal, left from the right-hand side of the running direction to the left-hand side of the victim E(46 cm) driving F10cc driving at the intersection, which entered the intersection, received the front part of the two-wheeled vehicle by the defendant.

Ultimately, the Defendant suffered injury to the victim, such as spine (T11) in spine (T11) and Drille (T11) in need of approximately six weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. CCTV CD images;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 152 subparag. 1 and Article 43 of the Road Traffic Act (Unlicensed Driving, Selection of Imprisonment), Article 3(1) and proviso to Article 3(2)1 and 7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and dental occupation, and Selection of imprisonment without prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendations, general traffic accidents;

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