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The punishment of the accused shall be determined by imprisonment with prison labor for ten months.
However, the above sentence shall be executed for two years from the date of the final judgment.
Reasons
Punishment of the crime
1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a vehicle BMW 528i.
On May 19, 2016, at around 06:45, the Defendant driven the above car and proceeded to turn to the left at the op range range range of the digital hot spring station located in Asan City C at the front of the D real estate located in Asan City.
Since the location was an intersection where traffic control is not carried out, the defendant engaged in driving a motor vehicle had a duty of care to check whether there is a vehicle driving the intersection by properly examining the front left left, and to operate the motor vehicle safely.
Nevertheless, the Defendant neglected this and did not properly look at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right
2. On May 19, 2016, the Defendant violated the Road Traffic Act (unlicensed Driving) and the Guarantee of Automobile Accident Compensation Act: (a) operated a vehicle BMW 528i without obtaining a driver’s license from the front day of Asan City to the front day of D Real Estate in the same city C at the same time, and without obtaining a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of H;
1. A traffic accident report (1)/ (2) The actual survey report;
1. An accident site photograph;
1. Registers of driver's licenses;
1. Mandatory insurance policy;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3(1) and 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 and Article 152 subparag. 1 of the Road Traffic Act concerning criminal facts;