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(영문) 대구지방법원 상주지원 2021.01.28 2020고단334
도로교통법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of 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 engaging in driving a rocketing car.

On July 16, 2020, the Defendant driven the said car without obtaining a driver's license of the said car and proceeded to turn to the left at the direction of the mountain distance in front of the D resident agency located in C at the time of residence.

In this case, a driver of a motor vehicle has a duty of care to prevent accidents by properly operating the steering and steering the steering gear well, and by accurately manipulating the steering gear.

Nevertheless, the Defendant neglected to perform the duty of care and neglected to turn to the left, and instead neglected to go to the left and go to the left, received the front part of the said car that the Defendant driven by the victim E-driving in the direction of the mountain-distance distance from the place of a place of a residential citizen playground.

As a result, the Defendant damaged the above Obama by negligence in the course of the above business so that the repair cost of KRW 1,925,000, such as the landing of the front offender.

2. On July 16, 2020, the Defendant violated the Road Traffic Act (unlicensed driving) driven the said rocketing car without obtaining a driver’s license from a section of about 700 meters from the front of the H Dong office located in G to the front of the J, located in I at the time of permanent stay at around 12:10.

Summary of Evidence

1. Statement by the police in relation to the defendant's legal statement E;

1. The ledger of driver's licenses for motor vehicles of a report on the occurrence of a traffic accident, a actual condition survey report, and a written estimate of field photographs;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

1. Relevant Article 151 of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 152 of the Road Traffic Act and Article 43 of the Road Traffic Act, the selection of imprisonment for a crime

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

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