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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 became final and conclusive.
Reasons
Punishment of the crime
1. The defendant is a person who is engaged in driving service of BPoter 2 cargo vehicles.
At around 13:00 on March 14, 2019, the Defendant driven the above cargo vehicle, leading the front of the Gyeong-gun, Goung-gun, to the E-village from the direction of the D Village.
Since this is a hond road, there was a duty of care to prevent accidents in advance by accurately manipulating the hond and the right and the right of the driver of the motor vehicle and accurately manipulating the steering and brakes.
Nevertheless, the Defendant neglected to do so and failed to take necessary measures to ensure safety, such as destroying the said drilling to the front part of the said cargo vehicle, and collecting the flying of the accident, even though he did not remove approximately KRW 95,00,00 from the front part of the said cargo vehicle on the side of the road opposite to the direction of the Defendant’s proceeding.
2. The defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of B Poter2 cargo vehicles, and thus, he/she shall not drive the above cargo vehicles on the road without mandatory insurance;
Nevertheless, the Defendant operated the foregoing cargo vehicle which was not covered by mandatory insurance at the time and place mentioned in the above Paragraph 1.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Application of the Acts and subordinate statutes governing written estimates and mandatory insurance inquiries;
1. Relevant laws concerning criminal facts, Articles 148 and 54 (1) of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The suspended sentence of Article 62(1) of the Criminal Act has the same record of sentencing, and the nature of each of the crimes of this case is not good, in light of the circumstances, the defendant selected to be sentenced to imprisonment, and the defendant reflects his mistake, and punished with heavy punishment.