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(영문) 서울서부지방법원 2014.10.07 2014고단2188
도로교통법위반등
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Franchis car.

On April 15, 2014, the Defendant, without obtaining a driver's license on April 15, 2015, proceeded ahead of the Hanyang apartment road in the mountain-dong in Gyeonggi-si, Gyeonggi-si, with a speed of about 30 km in speed from the direction of the pentri Road to the direction of the pentri Road in the direction of the pentri Road.

At this point, a person engaged in driving service has a duty of care to ensure a sufficient safety distance with the vehicle in front and to prevent accidents in advance by safely operating it as a traffic distance on which a signal, etc. is installed.

Nevertheless, the Defendant neglected this and failed to secure sufficient safety distance with the vehicle in front, while driving the vehicle in front of the vehicle in front of the Defendant’s vehicle, received the back part of the NPP car driven by the victim M who was parked according to the red signal of the crosswalk in order to make the right-hand by negligence while driving the vehicle in front.

Ultimately, the Defendant damaged the car owned by the victim by the above occupational negligence to cover the repairing cost equivalent to the sum of KRW 1,469,90,00, such as the back-line spread exchange, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Registers of driver's licenses;

1. Application of the laws and regulations on a written request for automobile inspection/maintenance;

1. Relevant Articles 151, 152 subparagraph 1, and 43 of the Road Traffic Act concerning the facts constituting a crime;

1. Of concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2 and (2) and Article 50 of the Criminal Act or the history of driving without a license are several times. In particular, even after being punished for a suspended sentence of imprisonment for a traffic accident during driving without a license for drinking or without a license, drinking, repeated driving without a license is repeated, and other various conditions of sentencing specified in the argument of the instant case;

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