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(영문) 대구지방법원 김천지원 2018.06.27 2018고단400
도로교통법위반등
Text

A defendant shall be punished by imprisonment with prison labor for four months: Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 8, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Electronic Financial Transactions Act in the Daegu District Court Kimcheon Branch of the Daegu District Court on October 8, 2015. The judgment became final and conclusive on March 3, 2016.

1. The Defendant in violation of the Road Traffic Act is a person driving a numberless vehicle presumed to be a motor vehicle of an Aburged vehicle.

On October 6, 2014, the Defendant, without obtaining a driver’s license of a motor vehicle around 14:00, driven the said motor vehicle on the road along the two-lane road near the intersection of the 2-U.S. road in the Gu and U.S. in the Gu and U.S., and led to the left-hand turn by driving the said motor vehicle on the two-lane road in the vicinity of the 2-U.S. road in the Gu and U.S. P.,

Any person shall not drive a vehicle without a driver's license, and on the other hand, since the vehicle is an intersection between traffic, a person engaged in driving a motor vehicle has the duty of care to observe the signal and prevent the accident by driving the motor vehicle.

In doing so, the Defendant neglected this and neglected to enter the intersection, and followed the right-hand turn signal by the negligence of entering the intersection and observing the right-hand turn, and received from the right-hand side part of the victim C(61 ) driving by the driving of the victim C(61) which entered the intersection using one lane from the right-hand side of the direction, and thereby damaged the repair cost of KRW 772,598, such as the exchange of frates on the front-hand side of the vehicle driving by the Defendant.

2. The Defendant violated the Road Traffic Act (unlicensed driving) driven the said numberless vehicle without obtaining a driver’s license as above at the same time and at the above location.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report and photograph of actual condition;

1. Written estimate;

1. Application of statutes on the ledger of driver's licenses and the details of revocation of driver's licenses;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Damage to property by negligence: Article 151 of the Road Traffic Act, the selection of a credit cooperative type;

(b) Unlicensed driving: Road Traffic Act;

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