Text
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around 22:30 on May 25, 2016, the Defendant driven a vehicle in the D Spo-type without obtaining a driver’s license in approximately 4.8 km section from the Dobong-gu Seoul Metropolitan City Sirode-ro 105-1 Newdong Apartment to the front roads located in the same Gu B from around 4.8 km to the front roads located in the same Gu.
2. No driver of any motor vehicle, etc. who has violated the Road Traffic Act shall threaten or endanger any other person, or cause any danger to traffic by consecutively committing any violation of signals or directions or by committing medians, etc. or by continuing or repeating any one act;
Nevertheless, around 22:34 on May 25, 2016, the Defendant driven a motor vehicle in the Sti-type as set forth in paragraph (1) and discovered that the police is under drinking control on the roads in front of the Seongdong High School located in the Tak-gu Seoul Metropolitan Government, Dobong-gu, Seoul. In order to avoid drinking control and escape from the police, the Defendant operated approximately 3.8 km along with three times the central crime at the place from that place to the place set forth in paragraphs (1) and caused danger to traffic by driving the motor vehicle.
3. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a passenger car in the SP as set forth in paragraph (1).
On May 25, 2016, the Defendant driven a light car around 22:39, and continued the front side road in Dobong-gu Seoul Metropolitan Government B from 40 Dobong-ro 109-27 Dobong-ro 35-27 Dobong-ro 109.
At night, the above road is a side road, and the house is expected to have a pedestrian appearance in the vicinity, so in such a case, a person engaged in driving service has a duty of care to prevent an accident by checking whether or not a pedestrian exists by checking well the right and the right and the right of the driver.
Nevertheless, the Defendant was negligent in neglecting the above duty of care without a driver's license.