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A defendant shall be punished by imprisonment for six 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
1. On May 22, 2010, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act, driving a car of Karen (C) without obtaining a driver’s license on May 2, 2010, and driving one lane between the three-lanes in front of the 235 Jeju Southern-dong, Southern-gu, Seoul, at an indefinite speed from the direction of the citizen center to the direction of the main base.
In front of the defendant's running direction, the driver of the vehicle has a duty of care to accurately operate the steering wheel, brakes and other devices of the vehicle, and to care the front side and the left side of the vehicle in this case.
Nevertheless, the Defendant neglected such duty of care and was negligent in driving a vehicle without stopping under the new code, and thereby, received the victim’s back part of the passenger vehicle as the front part of the said vehicle operated by himself.
As a result, the defendant suffered from the injury of the victim, such as light salt, which requires treatment for about two weeks, and damaged the victim's above vehicle to be 502,290 won as repair cost.
2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license for a motor vehicle at the same time, and driving a Karen car (C) from a substation in the Southern-gu Incheon Metropolitan City to the point of the said accident.
Summary of Evidence
1. Statement of the accused in the first trial record;
1. Written statements of D;
1. A traffic accident report;
1. Application of the Act and subordinate statutes to the insurance repair cost estimate, diagnostic certificate, and the ledger of driver's license;
1. Article 3 (1), the proviso of Article 3 (2) and Article 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 151 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of penalty;