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A defendant shall be punished by imprisonment for not less than three months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 19, 2017, at around 23:00, the Defendant driven a two-wheeled vehicle of 300,000, which is not C, without obtaining a driver's license, on the front of Gwanak-gu in Seoul Special Metropolitan City, and proceeded at an insular speed along the two-lanes between the 4-lane and the 0-lane towards the front of Seoul Metropolitan City.
Since there is a signal, there was a duty of care to safely drive a person engaged in driving service in accordance with the signals by reducing speed and by properly examining the right and the right of the driver.
Nevertheless, the Defendant neglected this and did not avoid the Emnamera 4S car of the victim D (30 Do) who is making a U-turn in accordance with the new subparagraph on the vehicle line facing the negligence of driving in violation of the signal, and did not avoid the above two-wheeled vehicle, and had the victim F (28 Dose) who was on the right side of the above two-wheeled vehicle take the front part of the above two-wheeled vehicle and took the front part of the above two-wheeled vehicle.
As a result, the Defendant suffered from the victim D’s occupational negligence, such as the injury of chills, tensions, etc., which requires approximately two weeks of medical treatment, and injury to the victim F, such as the lower end of the chill in need of approximately eight weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Two CDs;
1. Two copies of a medical certificate;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Relevant legal provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, and Article 3 (1), the proviso to Article 3 (2) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (a non-licensed driver's license) concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Determination of imprisonment without prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment and the Violation of Road Traffic Act;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;
1. The reason for sentencing of Article 62(1) of the Criminal Act is as follows.