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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[Judgment of the court below] On March 19, 2019, the defendant was sentenced to two years of suspended sentence for one year of imprisonment with labor for a violation of the Road Traffic Act in the Daejeon District Court's collegiate Branch on March 19, 2019, and the judgment became final and conclusive on March 27, 2019 and is currently under suspended sentence.
【Criminal Facts】
1. The Defendant is a person who is engaged in driving a B Poter II cargo vehicle.
On October 3, 2019, the Defendant driven the above cargo without obtaining a driver's license on October 3, 2019, and led to the driving of the D Factory front of the Chungcheong-gun C to the direction F from E to F.
Since this is a hond road, the defendant engaged in driving of a motor vehicle has a duty of care to safely operate the steering gear and operation by accurately manipulating the steering gear and the steering gear.
Nevertheless, the Defendant neglected this and proceeded as it is due to occupational negligence, which failed to properly operate the steering and brakes while keeping the safety level of the victim G (ma, 73 years old) who was on board the front line, and received the wall surface of the factory located on the right side of the front line, from the part of the cargo vehicle driving by the Defendant.
Ultimately, at around 11:32 of the same day, the Defendant had the victim G who was on the part of the cargo driven by the Defendant due to such occupational negligence caused the death of the victim J(Y, 72 years of age) who was on the same cargo vehicle at the emergency room of the I Hospital in Chungcheongnam-nam-gun, and caused the death of the victim J(Y, 72 years of age) at the emergency room of the I Hospital at around 12:42 of the same day.
2. Around 09:20 on October 3, 2019, the Defendant driven B Poter II truck without obtaining a driving license from a vehicle driving license in approximately 1 km section from the front of the Defendant’s residence in K located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun to the front of the D Factory located in Chungcheongnam-gun, Chungcheongnam-gun.