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(영문) 춘천지방법원 강릉지원 2016.08.31 2016고단794
도로교통법위반(무면허운전)등
Text

Defendant shall be punished by a fine of seven million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. On March 29, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving on the road: (a) around 15:25 on March 29, 2016, at approximately 1 Km section from the front road of Gangseo-si C to the front road of the restaurant located in D in the same city, without obtaining a driver’s license.

2. The Defendant is a person who is engaged in driving of a Fone Star Cargo Vehicle.

As described in the above 1. paragraph, the defendant driving the above vehicle without the driver's license and driving the road in front of the E cafeteria located in Gangnam-si D in the direction of happiness at the Gangnam Police Station.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by viewing the front side and accurately manipulating the brake system, etc.

Nevertheless, the Defendant neglected this and shocked the back part of the Defendant’s Haststa car drive G (W, 53 years old) with the front part of the said cargo vehicle.

As above, the Defendant destroyed the property equivalent to KRW 608,00 of the repair cost to the victim’s vehicle, but immediately stopped and escaped without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G and I;

1. Reporting on the occurrence of a traffic accident and reporting thereon;

1. The driver's license ledger;

1. On-site photographs and black stuff photographs;

1. Application of the written estimate statutes;

1. Violation of the relevant provisions of the Act and the traffic laws (unlicensed driving) as stated in the decision on the selection of punishment against the crime: Violation of the traffic laws (unauthorized to take measures after an accident) as stated in Articles 152 subparagraph 1 and 43 of the Road Traffic Act: Articles 148 and 54 (1) of the Road Traffic Act;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of the Aggravation of Concurrent Crimes (to the extent that the aggregate of the amounts of two crimes in the judgment is added) is more severe.

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