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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant in violation of the Road Traffic Act is a person engaging in driving a rocketing car.
On September 11, 2016, the Defendant, without obtaining a driver's license for a motor vehicle from around 14:00 on September 11, 2016, proceeded one way in front of the D cafeteria in Busan East-gu, Busan, to the area of the Western market, and stopped according to the red signal, a vehicle stop signal.
At the time, at a low time, the vehicle was parked in front of that place according to the red signal, and there was no obstacle to show the view between the vehicle parked on the front side. In such a case, a person engaged in driving a motor vehicle shall accurately operate the steering gear, brake system, etc. of the motor vehicle, and shall not drive the motor vehicle at a speed or in such a manner as to cause danger and harm to others depending on road traffic conditions, and there was a duty of care to safely drive the front side and the left side and prevent the accident in advance.
Nevertheless, the Defendant neglected to do so without obtaining a driver's license, and failed to remove the brakes from the Bret that was being driven by a cell phone while making a cell phone call, and failed to properly operate the brakes, thereby making the said rocketing car fast in the future. In addition, the Defendant saw the driver's first-class car of the victim E who was parked in the front section according to the red signal, which is the stop signal at the front section.
After all, the Defendant damaged the first car in the above form of occupational negligence, which is approximately KRW 2,570,528 of the repair cost.
2. On September 11, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a vehicle with approximately KRW 6km B rocketing from the Kinz apartment road located in the Busan Jin-dong, Busan, to the front road of the D cafeteria located in the Busan East-gu, Busan, without obtaining a driver’s license, on September 11, 2016.
b)a summary of the evidence;