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

Punishment of the crime

The defendant is a person who is engaged in the duties of driving a member shop in Croya.

On September 21, 2016, the Defendant driven the said van without obtaining a driver’s license of a motor vehicle on September 14:35, 2016, and led to the flow of the thring distance of 350-15, in the Tae-nam-do, Tae-nam-do, Taenam-do, Taenam-do, to the terminal at the inside of the inner sea.

In such a case, there was a duty of care to prevent accidents in advance by driving safely, such as checking whether a person engaged in driving of a motor vehicle is a person driving a motor vehicle, and whether he/she is a person crossing a road.

Nevertheless, the defendant neglected this and found the victim D (30) who crosses the road to the right side from the left side of the direction of the defendant's proceeding due to the negligence of the defendant's failure to do so, and received the victim as the front part of the above line.

As a result, the Defendant caused the victim to have the above occupational negligence, and around 09:00 on September 26, 2016, the Defendant caused the death of the victim due to the blood booming away from one’s external wound, open at a single university hospital located in the South-dong-dong University Hospital of the Republic of Korea, Chungcheongnam-do, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, photographs related to traffic accidents, and reports on the occurrence of traffic accidents;

1. The driver's license ledger (A);

1. Application of Acts and subordinate statutes to a death certificate, brain death certificate, medical opinion on brain death, and written determination on brain death;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act (the occupation of occupational and de facto death, the choice of imprisonment without prison labor), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (the non-licensed driving point, the choice of imprisonment with prison labor) concerning criminal facts;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] [the grounds for sentencing under Article 38(1)2, and Article 50 of the same Act] shall be the basic area (from August to two years) (the person who has increased special mitigation]. The victim shall have a significant effect on the occurrence of traffic accidents or the expansion of damage.