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A defendant shall be punished by imprisonment for not less than eight 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. On September 27, 2009, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) committed an occupational negligence on the part of the victim E (Nam, 52 years old) driving at the front side of the same lane in the case where he neglected to conduct the front-down city in the area near the 100m radius of the area of the city of Sungnam-nam-si, which is located in the west-gu, Busan-si, the Seoul Fares-si (hereinafter “Seoul”), while driving the said car without a driver’s license, caused the Defendant to take the front part of the said car, and thereby, to the above E, approximately 14 days of treatment for the said car, the victim G, 36 years old, H, 31 years old, 31 years old, 15 years old, 4 years old, 6 days old, 3 years old, and above treatment for the same day.
2. Violation of the Road Traffic Act (Free Driver’s License) driving the said vehicle without a temporary border driver’s license as referred to in paragraph (1) of the same Article, and operated approximately 24.4 km from the vicinity of the Incheoncheon-dong Hocheon-dong, Gangdong-gu, Seoul to the accident place under paragraph (1) of the same Article.
3. On September 27, 2009, around 21:08, the Defendant: (a) caused a traffic accident under the above paragraph (1) at the site of the traffic accident; and (b) requested the accident manager of the victim AXA Insurance Co., Ltd. to deal with the insurance of the said traffic accident; (c) presented as if the Defendant was a valid driver’s license for class 1 and class 2 ordinary motor vehicles issued by the director of the Seoul Police Agency.
However, in fact, the Defendant had subscribed to a comprehensive insurance by the victim company on condition that the Defendant was able to drive the said car at least 30 years of age, but the car driver's license was revoked on November 2, 2008 and there was no car driver's license.
Nevertheless, the defendant against the above traffic accident.