교통사고처리특례법위반(치상)등
A defendant shall be punished by imprisonment for six 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. Around 19:55 on December 3, 2018, the Defendant driving the ERab Freight Vehicle without obtaining a driver’s license from the front of the C golf course located in Geumcheon-gu Seoul Metropolitan Government to the front of the D, Geumcheon-gu, Seoul.
2. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).
On December 3, 2018, at around 19:55, the Defendant operated the said car without obtaining the driver's license as stated in paragraph 1, and proceeded to the speed from the side of the Siung-gu Seoul Metropolitan Government to the distance of bank trees on the six-lane road.
On the other hand, there was an intersection in which a crosswalk is installed, so there was a duty of care to prevent the accident by looking at the front and right of the person engaged in the driving of the motor vehicle with the driver's duty to view the front and right of the motor vehicle.
Nevertheless, the defendant neglected this and caused the victim F (the age of 65) who opened the crosswalk from the left by the negligence of left turn at the above intersection, to go beyond the floor by taking the victim F (the age of 65) who was a cargo driver in front of the cargo of the defendant.
As a result, the Defendant suffered injury, such as brain loan, from the victim with a focus on the number of days of treatment due to occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. Application of Acts and subordinate statutes to the ledger and certificate of driver's license;
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, and Articles 152 and 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. Probation, social service, and other activities;