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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant is a person who is engaged in driving a passenger car with B low-speed car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.
On July 28, 2017, the Defendant driven the said car without a driver's license of the said car, and driven the road in front of the Dong-dong community service center, Seocheon-ro 81 and the road in front of the Dong-dong community service center, using one-lane between the private distance of the upper middle school and the middle school from the private distance of the Young apartment.
Since there are crosswalks in which signal lights are installed, the person engaged in driving service has a duty of care to prevent accidents in advance by driving safely in accordance with traffic signals.
Nevertheless, the Defendant neglected this and did not stop on the stop line even after the Defendant’s direction signal was red, and did not discover the victim C (W, 33 years old) crossing the crosswalk in accordance with the pedestrian signals from the right side of the Defendant’s moving direction to the left side, and received the part of the victim’s left side bridge with the front part of the Defendant’s driving vehicle.
Ultimately, the Defendant suffered injury to the victim, such as cutting the body of dubs, for about five weeks of treatment due to such occupational negligence.
2. The Defendant violated the Road Traffic Act (Non-licensed driving) driving of the said car without obtaining the driver’s license from the date of the above paragraph 1 to the place indicated in the above paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A traffic accident report and the ledger of driver's licenses for motor vehicles;
1. Application of statutes on site photographs and diagnostic certificates;
1. Relevant Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1, 6, and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the point of causing occupational negligence, the selection of imprisonment without prison labor), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license and the choice of imprisonment with prison labor);
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.