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

Punishment of the crime

The defendant is a person who is engaged in driving a BMW X6 car.

On August 15, 2017, the Defendant driven the said car without obtaining a driver's license from around 03:30 on August 15, 2017, and moved the four-lane road in front of Seoul Special Metropolitan City, Nowon-gu, along the four-lane distance from the offset intersection.

Since the place has a crosswalk with signal lights installed, the driver had a duty of care to view the front door properly to the person engaged in driving service and to drive safely in accordance with the new code.

Nevertheless, due to the occupational negligence of bypassing the crosswalk in contravention of the signal, the victim D, who crosses the crosswalk from the left side to the right side of the crosswalk, got out of the front part of the defendant's car, and the victim immediately stopped on the left side of about two weeks, without taking measures such as saving the victim, even though the victim got out of the front part of the vehicle, and attempted to stop immediately.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. (1) (2) The actual survey report, the statement of the occurrence of a traffic accident (D), the driver's license register, and the application of Acts and subordinate statutes to the motor vehicle accident report;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that the instant accident did not take any relief measures even though the Defendant’s gross negligence with the reason for sentencing Article 62-2 of the Social Service Order Criminal Act caused the occurrence of the instant accident, and that the Defendant had been punished several times due to drinking or unlicensed driving in the past.