A defendant shall be punished by imprisonment for six months.

except that the execution of the above sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2014. 1. 23. 15:20경 자동차 운전면허 없이 의무보험에 가입되지 아니한 C 쎄레스 화물자동차를 업무로 운전하여 전남 영광군 영광읍 신하리에 있는 ‘할매모싯잎’ 떡집 앞 노변에 정차한 화물차에 시동을 걸어 그곳 편도 2차선 도로 중 2차로로 진입하였다.

In such a case, a person engaged in driving service has a duty of care to operate after checking the safety of course by taking measures such as making it possible for the person who is engaged in driving service to look well about whether or not there is a motor vehicle driving on the road and informing him of the scheduled entry by turning the direction, etc. in advance

Nevertheless, the Defendant neglected this and did not properly examine whether there is a vehicle driving along the road, and had the victim D (year 76) driving along the two-lanes due to the negligence of entering the two-lanes by direction, etc., without giving notice by direction, etc., left over the road. The Defendant did not discover the Ethtoba, which was driven by the victim D (year 76) and did not discover the Ethtoba, which was driven by the victim D (year 76).

Ultimately, the Defendant suffered injury to the victim, such as double-duplicating the body that requires treatment for about six weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident occurrence report, a actual survey report, and a diagnosis report;

1. Application of the ledger of driver's licenses (A), mandatory insurance (C)-related Acts and subordinate statutes;

1. Article applicable to criminal facts;

(a) Injury caused by occupational negligence: Article 3 (1) and (2) (proviso)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and selection of imprisonment without prison labor;

(b) Unlicensed driving: Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, the selection of imprisonment.

(c) Operation of automobiles which are not mandatory insurance: Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8, and the choice of imprisonment.

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