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. The defendant is a person who is engaged in driving service of B Poter cargo vehicles.
On July 17, 2018, the Defendant driven the above cargo without obtaining a driver's license of a motor vehicle, and proceeded along one lane from the side of the police box where the distance in front of the rooftop church located in 64, a distance of 25,000, as old Sinsih, was two lanes along one way.
In such cases, a driver of a motor vehicle has a duty of care to ensure safety distance in preparation for the case of a sudden stop of the motor vehicle that is proceeding in front, and to accurately operate steering devices and brakes so as to prevent accidents in advance.
Nevertheless, while the Defendant neglected this and proceeded without obtaining a driver’s license, the Defendant failed to stop the vehicle and received the part of the victim’s vehicle back to the front part of the Defendant’s cargo vehicle while driving the vehicle in the same direction by the victim C (Woo, 40 years old) who was driving in the same direction.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.
2. Violation of the Road Traffic Act (unlicensed Driving) driving of B-type cargo without obtaining a driver’s license from a section of about 300 meters from the front of the apartment village in the Gu/U.S., Si/Gu to the front distance of the apartment village in the Gu/U.S., the Defendant from the front of the apartment village in the Gu/U.S., Si/Gu, Si/Gun.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. The driver's license ledger;
1. A medical certificate;
1. Application of statutes on site photographs;
1. Article 3(1) and the proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act (the fact of injury caused by occupational negligence), and Article 268 of the Criminal Act.