교통사고처리특례법위반등
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in the business of cutting down B Poter, posp posp, and driving of cargo.
On May 8, 2014, the Defendant, without obtaining a driver's license at around 13:20 on May 13, 2014, driving the said vehicle, which was not covered by mandatory insurance, led the Defendant to proceed from the surface of the backside intersection to the offside market in accordance with the first two-lanes in front of the non-electric cluster in the Dao-si, Incheon Metropolitan City.
The driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle in a way that he/she well sees the front left.
Nevertheless, the defendant neglected this and got the victim over the floor by shocking the front wheelchairs side of the victim C(75 years old) who passed the road from the right side of the defendant's proceeding to the left-hand side of the road.
As a result, the Defendant caused the victim to suffer brain injury in need of approximately eight weeks of medical treatment due to such occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement of D and E;
1. Application of Acts and subordinate statutes, such as a survey report on actual conditions, photographs at the scene of an accident, electric wheelchairs photographs, driver's license register, and diagnostic certificate (C);
1. Article 152 Subparag. 1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 152 Subparag. 1 and 43 of the Road Traffic Act (Unlicensed Driving, Selection of Imprisonment), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 (2) of the Guarantee of Automobile Accident Compensation Act (Appointment of Imprisonment), Article 3 (1) and the proviso of Article 3 (2) 7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act,
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act is that the defendant has been punished three times due to unauthorized driving.