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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and the Defendant of occupational motor vehicle transitioned to another Defendant, on December 12, 2018, by driving a two-lane freight vehicle without a driver’s license of a motor vehicle on December 12, 2018 and driving the two-lane road in front of the cel in leisure time at the speed of one lane among the three-lanes of the two-lanes.
In this case, the defendant engaged in driving of a motor vehicle has a duty of care to safely drive the steering gear and brake system by checking the safety of the course by reducing speed when changing the lane and by properly manipulating the steering gear and the brake system.
Nevertheless, the Defendant neglected this and got the victim's e K5 vehicle driving on the right side of the Defendant's Poter cargo vehicle at the first lane due to the negligence in the course of the business, which led to the change of the vehicle, and thereby, the said k5 vehicle was restored to the road by leaving the road.
Ultimately, the Defendant suffered the victim’s salt, tension, etc. in need of approximately two weeks of medical treatment due to such occupational negligence.
2. The Defendant violated the Road Traffic Act (non-licensed driving) driving of the said Poter truck without a driver’s license at the same time and place as paragraph (1) of this Article.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Registers of driver's licenses;
1. A medical certificate;
1. Application of Acts and subordinate statutes governing accident site photographs;
1. Article 3 (1), the proviso of Article 3 (2) and Article 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Articles 189 (2) and 187 of the Criminal Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (a point of driving without a license);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each alternative fine for punishment;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;