Punishment of Occupational Negligence of a person who drives a motor vehicle without a driver's license

For the crime of occupational negligence or death or injury, the term "business" means a single status in the social life of a person, and continuously engages in the business, and there is an intention or fact to continue the business, and there is no separate experience or legal licence for the business.

Article 268 of the Criminal Act

Defendant

Daejeon High Court, Daejeon High Court, Seoul High Court, etc.

The term "business in the crime of occupational negligence resulting in death or injury" is a single position in the social life of a person, and there is a fact that there is a intention to continue the business, and it does not require a sufficient experience or legal license for the business. According to the records, the defendant has worked for about one year and six months in the past, and the defendant has been engaged in the repair business at the Daejeon Branch of the Korea Transportation Corporation, which is a repair business at the time of the automobile repair business before and after the repair of the automobile, and there is a fact that he has been driving the automobile in this case without a driver's license, so even if the defendant is not a licensed driver's license, the automobile driving business of the defendant constitutes the business in the crime of occupational negligence.

Justices Kim Young-chul (Presiding Justice)