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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a vehicle B P 407 HDi FAP A6.
On January 26, 2020, the Defendant driven the above car at around 22:46 on January 26, 2020, and turned the distance from the village in the Gunsan-si, Gunsan-si, to the right side of the high-speed distance from the military viewing room.
In this case, a person engaged in driving of a vehicle has a duty of care to prevent accidents by accurately operating the steering and operating the steering system and steering system.
Nevertheless, the defendant's negligence, while driving the above vehicle without the driver's license, neglected the front side and the left side side side while driving the vehicle, led to the left side part of the victim C(Y, 58 years old)'s driving in accordance with the new code in the direction of the defendant's proceeding.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to occupational negligence.
2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a temporary border driver's license as stated in paragraph 1 of the "Road Traffic Act", driving the said car at a section of about 14 km from the front of the F Elementary School to the vicinity of the Gunsan City.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Application of Acts and subordinate statutes to an accident site photograph, actual survey report, vehicle driving license ledger, and diagnostic certificate;
1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 152 and Article 43 of the Road Traffic 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. Social service order under Article 62-2 of the Criminal Act;