교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment for not less than eight 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.
Punishment of the crime
1. On December 2, 2017, the Defendant: (a) driven a B Poter vehicle without obtaining a driver’s license in the section of approximately 15 km from the 15km to the Olympic Games near the Seoul Dongjak-gu 819-ro, Seocheon-si, Seocheon-si, 819, on December 11, 2017.
2. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).
Around 11:00 on December 2, 2017, the Defendant driven a truck without a driver’s license as above, and proceeded along four lanes in the direction of diving in the direction of a locking away from the 4-lane of the Olympic Games near the Seoul Dongjak-gu Seoul Metropolitan Government (Seoul).
At the time, there was a vehicle driving on the front side of the defendant's moving direction, so in such a case, a person engaged in driving a motor vehicle has a duty of care to thoroughly operate the front door and the steering gear accurately and safely.
Nevertheless, the Defendant neglected this and received the part behind the D G80 car driven by the injured party C (29) who is driving in the front direction of the Defendant, as the front part of the Defendant’s cargo vehicle.
Ultimately, Defendant 2 suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of treatment due to occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. The actual investigation report on traffic accidents;
1. Report on the circumstances of driving without a license;
1. A written statement on the occurrence of each traffic accident;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving, Selection of Imprisonment), Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (Article 3 (7) and subparagraph 7 (Article 152 of the same Act concerning the facts constituting an offense);
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 and 38(2) of the Criminal Code, which aggravated concurrent crimes.