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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. The defendant is a person who is engaged in driving of a vehicle CPoter II in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;
On June 14, 2018, the Defendant driven the above vehicle at around 06:50, and led the E-art front of the road in Gyeongbuk-gun, Gyeongbuk-do to run the E-art apartment at the entrance of the E-art parking lot.
In this case, a driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.
Nevertheless, the Defendant neglected to do so and took part in the front part of the Defendant’s vehicle, following the right side of the GM5 car of the victim F.F. (65) driving, who was placed in the front of the Defendant’s vehicle, due to the negligence in progress without the driver’s license, from the front side of the Maldong-gun, GM5 car.
Ultimately, the Defendant suffered injury to the above victim due to the above occupational negligence during approximately eight weeks of a shoulder that requires medical treatment.
2. The Defendant violated the Road Traffic Act (Non-licensed driving) driving of the said Poter II cargo vehicle without the driver’s license in approximately 8 km section from the front of E-art located in D in the same Gun, at the time and time of the above paragraph 1, to the front of E-art located in D in the same Gun.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. A survey report on actual conditions;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3 (1) (proviso) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and dental occupation), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning criminal facts;
1. Determination of each sentence of imprisonment with prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment and the Violation of Road Traffic Act;
1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.