A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal power] On November 22, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the Changwon District Court’s Jinju branch on November 22, 2017, and the execution of the sentence was terminated at the detention center on May 24, 2018.

【Criminal Facts】

The Defendant is a person who is engaged in driving of Bone Star Track Cargo Vehicles.

On October 8, 2019, the Defendant: (a) driven the above cargo vehicle without a driver’s license on October 10, 2019; (b) stopped at the edge of the road in front of the “Dart” located in the Jinju City City, but went back from the E side to the Fside.

In such cases, a person engaged in driving service is likely to impede the normal traffic of pedestrians, other vehicles and horses, and there was a duty of care to check whether pedestrians, other vehicles and horses are in a direction direction etc., and to prevent accidents in advance.

Nevertheless, while the defendant neglected to do so, he was driven by the victim G(W, 36 years old) who was going behind by the defendant while he was driving, and received the back of the driver's seat of HNS car from the defendant's cargo vehicle to the part of the crime.

As a result, the Defendant suffered injury to the victim, such as salt and tensions that require treatment for about two weeks by occupational negligence as above, and at the same time destroyed the damaged passenger car to cover repair costs equivalent to KRW 2,131,450.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A traffic accident report;

1. A written diagnosis and written estimate;

1. Traffic accident photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Article 3(1), the proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 152 subparag. 1 of the Road Traffic Act concerning criminal facts;