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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2013 Highest 728] The Defendant driven the said vehicle that was not covered by mandatory insurance without obtaining a driver’s license in the state of alcohol concentration of approximately 20 meters from the front of the restaurant in the trade name and the front of the Bosular liquor company located in the Daejeon Seo-gu, Daejeon to the day before the restaurant in the trade name and the front of the same location, on February 7, 2013, while driving the said vehicle that was not covered by mandatory insurance.
[2013 Highest 155]
1. On January 28, 2013, the Defendant, in violation of the Guarantee of Automobile Accident Compensation Act and the Road Traffic Act (unlicensed driving) driving, on the road of the Daejeon Middle-gu, Daejeon, without obtaining a driver’s license, at around 17:30, and driving C straw freight without mandatory insurance.
2. The Defendant violated the Road Traffic Act driving the above cargo vehicle at the temporary border, leading the above road to the median distance from the surface of the front school of the Cratium.
In such cases, the driver of a motor vehicle has a duty of care to live well before and after the motor vehicle and to prevent the accident by accurately manipulating the steering gear and brakes.
Nevertheless, the Defendant neglected this and caused the damage of KRW 720,000 for the repair cost by taking the front part of the E-car owned by the victim D, which was parked later than the cargo due to the negligence of driving the vehicle without due care.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. Report on the circumstantial statement of the driver, mandatory insurance, and the register of driver's licenses of motor vehicles;
1. Application of Acts and subordinate statutes on trading lists;
1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, Article 43 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 46 of the Road Traffic Act, Article 48-2 (2) 2, and Article 44 of the Road Traffic Act concerning criminal facts.