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 became final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On July 31, 2016, the Defendant driven the above cargo without obtaining a driver's license at around 08:10 on July 31, 2016, and continued to drive the said cargo at a speed of about 60km from the right side of wind to the right side of wind.

There have been one road of a narrow channel bend and a warehouse in the vicinity. Since a sign "astronomical" was installed, there was a duty of care to safely drive a motor vehicle to prevent accidents in advance by safely driving the motor vehicle, such as reducing speed and checking whether there is a person who saw well.

Nevertheless, the defendant neglected this and found the victim E (the age of 76) to the left-hand side by his negligence, and received the victim in front of the cargo vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the Jeonnam University Hospital located in the 42-ro, Dong-gu, Gwangju Metropolitan City, which had been treated at around 13:55 on July 31, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. On-site map of a traffic accident, the actual survey report of a traffic accident, and on-site evidence photograph of a traffic accident;

1. Registers of driver's licenses;

1. The police statement concerning F;

1. Application of the death diagnosis certificate, emergency medical services log, postmortem report, and statutes governing postmortem photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 152 (1) and Article 43 of the Road Traffic Act (Unlicensed Driving, Selection of Imprisonment)

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the decision on the types of traffic accidents) of the Act on the Suspension of Execution shall be the type II (the decision on the recommended area).