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A defendant shall be punished by imprisonment for not less than eight 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. The defendant is a person who is engaged in the driver's service of freight vehicles C in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and Road Traffic Act;
On February 13, 2017, the Defendant, without a driver’s license of a motor vehicle on February 16, 2017, driven the said cargo vehicle, and was straighted in the form of the Sypon 3317-4 Sypon Do-Eup in the city of Jeju to the Sypland from the Sypon Do-ri side to the Sypon Do-ri side, and neglected his duty to temporarily stop the vehicle and check whether the vehicle had entered the intersection prior to the revolving the intersection without the driver’s license, and was led to the victim D (22 years) driving on the right side of the said passenger D (22 years) and going back to the front side of the said cargo vehicle.
The Defendant’s negligence caused the injury to the victim D, such as salt, tensions, etc., requiring approximately two weeks’ medical treatment, and caused the injury to the victim F (F (FV) who is a passenger of the Switzerland car to approximately two weeks’ medical treatment, at the same time, the Defendant damaged the said Bosch Rexroth car to repair cost of KRW 10,131,880.
2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven the C Poter Cargo Vehicles without a driver’s license, at the same time, at the same place and place.
3. He/she shall be prohibited from operating any motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation;
Nevertheless, the Defendant, at the same time and place, driven the C Poter truck owned by the Defendant, which was not covered by mandatory insurance as above.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements prepared in D;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. The driver's license ledger;
1. Inquiry into mandatory insurance;
1. Application of written estimates and written diagnosis to Acts and subordinate statutes;
1. Article 3(1) and (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant legal provisions concerning criminal facts.