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A defendant shall be punished by imprisonment for not more than ten 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 driving a vehicle BTS 125 Obama in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.
On September 13, 2017, the Defendant driven a 00:42 above the 00 :0 :42, and led to the direction of the3-distance in front of the Busan Northern Ocean market to the east west-gu, Busan.
Since the location is an intersection where signal lights are installed, there was a duty of care to prevent accidents by driving safely in accordance with the traffic signals while checking whether there is a vehicle driving on the off-to-land by reducing speed for those who are engaged in driving on the off-road and checking well the front side of the road.
Nevertheless, the defendant neglected this and caused the victim E (26 e) who gets on the back seat of the defendant's Otop to the floor by shocking the D K7 car of C driving due to the negligence of driving in violation of the signal.
As a result, the Defendant suffered injury to the victim by negligence in the above occupational negligence, such as the closure of the bones, which requires approximately 14 weeks medical treatment.
2. On September 13, 2017, the Defendant driven a motor device license at around 00:42, 200 to 125 Orabababababa (unlicensed driving) from the Hongcheon-dong Office located in Seocheon-dong 403-16, Seocheon-dong, Busan, to the front day of the Gopo-dong 166, Kupo-dong 166, without obtaining a motor device license from around 600 meters.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. Investigation report (whether to obtain a driver's license);
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and loss of duties, the choice of imprisonment without prison labor), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (the occupation of driving without a license and the choice of imprisonment) concerning criminal facts;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. To provide community service and attend lectures under Article 62-2 of the Criminal Act;