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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.
On March 21, 2013, at around 18:30 on March 21, 2013, the Defendant driven the above cargo vehicle without a driver’s license, and proceeded one way in front of the new interest-making market located in the Gungung-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering direction and brake system of the motor vehicle, and by accurately operating the steering direction and brake system of the motor vehicle.
Nevertheless, the Defendant neglected this and did not discover the victim D (the age of 49) who walked in the right side of the direction of the course while pushing the hand, and did not discover the victim D (the age of 49). The Defendant’s part on the right side of the above cargo vehicle was shocked by the victim’s left side.
As a result, the Defendant suffered injury to the victim, such as the removal of the flasium in the upper part of the left-hand body in need of treatment for about eight weeks due to the above occupational negligence, but failed to immediately stop and take necessary measures, such as providing relief to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A traffic accident report, an appraisal report, and an appraisal report;
1. A written diagnosis on D;
1. Registers of driver's licenses;
1. Application of each statute on photographs;
1. Article 152 subparagraph 1 of Article 152 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 43 of the Road Traffic Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 152 of the same Act, the choice of imprisonment for the crime
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The case of sentencing of Article 62-2 of the Criminal Act on the grounds of probation, community service, or order to attend lectures is without merit. The defendant does not take necessary measures to cause traffic accidents while driving without a license.