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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On February 11, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) operated C concrete mixtures trucks within approximately 20km section from the use industry in Ulsan-gun, Ulsan-gun, a middle-gu, Ulsan-do, to the front road of the Dong community service center, from around 1, 2016, in the middle-gu, Ulsan-gun, a criminal offender in the middle-gu, Ulsan-do, Ulsan-do, without a driver’s license.
2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving C concrete mixed trucks.
On February 11, 2016, the Defendant, at around 16:45, proceeds from the road of one lane in front of the Dong community service center located in Ulsan-gu, Ulsan-gu, Ulsan-do to the north-do circulation.
The location is a narrow road of one lane, and the defendant is proceeding in accordance with the EW 50 Oba, driven by the victim D, so in such a case, the driver of the vehicle has a duty of care to prevent accidents by securing a sufficient safety distance with the preceding vehicle, properly viewing the right and the right of the front line, and accurately manipulating the steering and the operation of the steering system.
Nevertheless, the Defendant neglected to do so by negligence and neglected to do so, found that the part of the victim's head that the victim drives late, and received the back part of the right part of the truck in front of the right part of the truck, which is the upper part of the upper part of the victim's head that goes beyond the road, was turned back to the right part of the truck.
Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, such as the injury of the head, face, and the diversity of breast at the scene.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F and G;
1. The application of the actual survey report, the driver's license register, the body death certificate, and photographs, respectively;
1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 subparag. 1 and Article 43 of the Road Traffic Act concerning criminal facts (see, e.g., Supreme Court Decision 200Da1548, Apr