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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
[2016 Height 645] The Defendant is a person driving B rocketing car as a duty.
On February 9, 2016, the Defendant, without a driver's license, driven the said car on the front side of the “D” restaurant located in the Southern-gu Seoul metropolitan area without a driver's license, and proceeded from the side of the Gatoo Hospital to the modern apartment.
A person who drives a motor vehicle without a driver's license is prohibited from driving a motor vehicle, and there is a center line of yellow solid lines, so a person who drives a motor vehicle has a duty of care to safely drive the motor vehicle without breaking the center line.
Nevertheless, the Defendant, without a driver’s license, got out of the victim E (the 33 years old) who was going to the opposite direction by the negligence going beyond the median line while driving the said vehicle, and going to the opposite direction, and got out of the left side part of the driver’s car driven by the Defendant with the front side part of the car driven by the Defendant, and suffered from the victim G (the 33 years old) who was on board the victim E and F rocketing car, requiring a two-day medical treatment.
Accordingly, the defendant driving a motor vehicle without a driver's license, and suffered an injury to the victims of a traffic accident caused by such occupational negligence.
[2016 Highest 1442] On February 5, 2016, the Defendant driven a B rocketing car from the front side of the “H hospital located in the North Dong-dong, Gwangju, Seocheon-dong without a driver’s license, to 3 complexes of Dongcheon-dong, Seocheon-gu, Gwangju, Seocheon-gu.
Summary of Evidence
[2016 Highest 645]
1. Statement by the defendant in court;
1. Each written statement of E and G;
1. The actual investigation report on traffic accidents;
1. A copy of a general medical certificate;
1. Registers of driver's licenses (2016 Height 1442);
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 2(2)2 and 7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and dental occupation) and Article 152 of the Road Traffic Act concerning criminal facts.