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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On December 21, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Busan District Court on December 21, 201, and the probation period becomes final and conclusive on December 29, 201.
The defendant is a person who is engaged in driving a K clova vehicle.
On May 21, 2013, at around 01:57, the Defendant continued to drive a two-lane road in front of Filisunghoho Lake-dong, Busan, on a speed of about 30 km from the lusium to the lusium, without obtaining a driver's license.
In such cases, there was a duty of care to prevent accidents in advance by safely driving a driver who is engaged in driving service with a view to a prior concern.
Nevertheless, the defendant neglected to do so and shocked the iron-type central separation zone set up on the left side of the proceeding direction by negligence.
As a result, the Defendant, without a driver’s license, destroyed a non-repaired property in the central separation zone of the steel type by occupational negligence, but did not immediately stop the said vehicle and did not take necessary measures, and escaped without leaving the said vehicle on the two-lanes.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. Application of the statutes on the register of driver's licenses;
1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148 and 54 (1) of the Road Traffic Act (a point of view after destruction and damage), and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;