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(영문) 인천지방법원 2015.11.18 2014고단4387
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, the violation of the Road Traffic Act (hereinafter referred to as the “accident”).

Reasons

Punishment of the crime

On April 9, 2014, the Defendant was sentenced to one year of imprisonment and two years of suspended execution due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Incheon District Court on April 17, 2014, and the judgment was finalized on April 19, 2014. On June 19, 2014, the Defendant was sentenced to eight months of imprisonment and two years of suspended execution by the Incheon District Court on June 27, 2014.

1. Violation of the Road Traffic Act;

A. On April 6, 2013, at around 19:00, the Defendant driven a frolley in Seo-gu Incheon Metropolitan City, Seo-gu from around 4 km to the front of the inspection distance at the same king-dong, Seo-gu, Seo-gu, Seo-gu, Incheon, with no driver’s license.

B. On April 7, 2013, at around 04:00, the Defendant driven a motor vehicle of 1km-gu B (year-old 28 years old, south) without a motor vehicle driver’s license at a section of approximately 1km from the inspection distance in Seo-gu Incheon, Seo-gu, Incheon to the same Korean national history distance.

2. The Defendant violating the Road Traffic Act shall be engaged in driving a Cone Star Vehicle.

The defendant was driving the above vehicle on the five-lane road of the letter "Korean History Distance" in the same time and place as the above "1-b," while driving three-lanes in the direction of Seo-gu Office from the distance of inspection team to the speed.

In the same direction, the victim's Ha had the duty of care to secure the safety distance that can be avoided in the event that the vehicle stops, as the victim's Ha had followed the ENF Engine driven by the victim D, and therefore, the person engaged in driving service has a duty of care to ensure the safety distance that can be avoided when the vehicle stops.

Nevertheless, due to negligence, it was found late after the damaged vehicle waiting for the signal at the bed intersection, and operated a brake, but it did not reach this, and saw the driver behind the damaged vehicle into the front one.

Ultimately, the Defendant’s negligence on the part of the above business is about KRW 2,422,146 of the cost of repairing the damaged vehicle.

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