Text
A defendant shall be punished by imprisonment for not less than eight 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 service of the BPoter-II cargo.
On August 18, 2016, the Defendant stops on the side side of the road adjacent to the one-lane road located in the Cheongbuk-gun, Cheongbuk-do without obtaining a driver's license for a motor vehicle from around 11:50 on August 18, 2016.
Since there are three-distance crossings without signal, where the passage of vehicles is frequent, the driver was obliged to enter the road from the side of the road at the time, so the driver was obliged to take care of the direction and direction in advance, give notice of the entry into the road in advance, give notice of the traffic situation, and safely enter the road.
Nevertheless, the Defendant neglected this and went to the center distance from the edge of the original office space to the center distance by the negligence of entering the road as it is, instead, received the part of the right side of the victim E's K3 car from the center distance to the center line.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence.
2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving of the said cargo at approximately 69.53 km section from the front side of the Cheongbuk-gun, Cheongbuk-do to the said place without obtaining the said temporary border driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident-related statement of E;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (U.S. Driving without License) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense;
1. Selection of penalty of imprisonment and imprisonment without prison labor;
1. The former part of Article 37 of the Criminal Code, and Article 38.