However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant is a person who is engaged in driving of B Poter Cargo Vehicles.

The Defendant, without a driver’s license, was driving the above cargo vehicle around 1:15 on August 26, 2014, and was moving back from the empty Gyeongcheon-gu bicycle road, 326 Doo-ro 893, Goyang-gu, Soyang-gu, Goyang-gu, 2014.

Since there was a bicycle road in the direction of the defendant's backward, in such a case, the driver of the motor vehicle has a duty of care to check the safety of the rear and prevent the accident from occurring.

Nevertheless, the Defendant neglected to do so and shocked on the left side of the suspect's driving direction with the Defendant's left side part of the bicycle driving by the victim C (ma, 72 years old) who is driving along the bicycle road.

As a result, the Defendant suffered injury to the victim on the part of the above occupational negligence, i.e., approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of the actual condition survey report, the ledger of driver's licenses, and diagnostic certificates;

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, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

2. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

3. Article 62 (1) of the Criminal Act;

4. An order to attend a lecture is driving without a license for the defendant for sentencing under Article 62-2 of the Criminal Act.

The fact that a traffic accident has occurred to senior citizens, etc. is an element of sentencing disadvantageous to the defendant.

반면 피고인이 공소사실을 모두 인정하며 반성하고 있는 점, 피고인이 운행한 화물차에 가입된 종합보험을 통하여 피해가 다소나마 회복된 점, 피고인이 처와 아들, 노모(老母)를 부양하고 있는 점 등은...