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. Around April 16:51, 2015, the Defendant was driving a DNA cargo vehicle without obtaining a driver’s license in a section of about 900 meters from the mass public construction playground located in the 441 area north-dong in Yangsan-si, Yangsan-si, to the road after the mass public construction playground located in the north-dong in Yangsan-si, Yangsan-si.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) was driving the above cargo vehicle at a speed of about 40 km from the boundary of the two mountain zones to the north-dong side of the two mountain zones.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle with a view to keeping the driver of the motor vehicle in front and left well.

Nevertheless, the defendant neglected to obtain a driver's license and found the victim E (the 12-year old) who crosses the road to the right side from the left side of the running direction of the defendant as soon as possible without being negligent in driving the motor vehicle, and was faced with the victim as the front side of the cargo vehicle of the defendant's driving.

Ultimately, the Defendant caused the victim to suffer injury, such as damage to the wing, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Each traffic accident report and on-site photographs;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Selection of imprisonment with prison labor chosen;

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 (Taking into account the following favorable sentencing grounds):

1. Reasons for sentencing of Article 62-2 of the Criminal Act for providing community service and attending lectures [the scope of recommendations] general traffic accidents.