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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Violation of Road Traffic Act (unlicensed Driving) is a person who is engaged in driving of a wing and freight truck.
On January 1, 2016, the Defendant driven the above cargo vehicle without obtaining a driver's license of a motor vehicle, and made the two-lane road in front of the comprehensive sports ground, which is the promotion of the front Jinjin-gun-gun, turn to the left from the east of the fire station to the east of the military surface at the east of the military.
Since there was a tri-distance intersection, there was a duty of care to prevent accidents by properly examining the right and the right of the driver.
Nevertheless, the defendant neglected to turn to the left as it is, by negligence, received the back part of the victim C(31 years old) driver's left-hand side of the vehicle driving from the right-hand side of the above cargo vehicle to the left-hand side.
Ultimately, the Defendant driven the above cargo vehicle without obtaining a driver's license, and caused the victim to suffer injury, such as the left-hand dump, which requires approximately two weeks medical treatment due to such occupational negligence.
2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, as a person holding B-wing and freight truck, operated the said truck without mandatory insurance at the time and place specified in paragraph (1).
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. The application of Acts and subordinate statutes to a traffic accident report, drug map at the scene of the accident, actual condition survey report, scene photograph and explanation of the accident, driver's license register, mandatory insurance, and medical certificate;
1. Article 3(1) and proviso of Article 3(2)7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupational and de facto occupation, the choice of imprisonment without prison labor), Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the non-licensed driving, the choice of imprisonment), Article 46(2)2 and Article 8 of the Guarantee of Automobile Compensation Compensation Act.