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 becomes final and conclusive.

Criminal facts

The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.

The Defendant is a person who is engaged in driving of a sealed franchising truck B.

1. On December 22, 2018, the Defendant driving the said vehicle at a section of about 3 km from the front road of the D High School located in Sungnam-gu Incheon Metropolitan City without obtaining a driving license at around 15:00 on December 15, 2018.

2. On December 15, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the above cargo vehicle without a driver’s license and proceeded to turn to the left at the seat of Dhigh School from the front side of the F Building to the front side of the rectification-gu in Sungnam-si.

At this point, traffic signals, etc. have not been installed through a three-distance intersection with a large traffic volume, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle, such as reducing the speed, driving the right and the left, and driving the motor vehicle with the duty of care to safely drive the motor vehicle by driving the motor vehicle.

Nevertheless, due to the negligence that the Defendant neglected this and proceeded to the left left at the above intersection, the victim H (the age of 26) who driven a GDV motor bicycle in the opposite direction to the Defendant in the direction of the Defendant’s proceeding, operated the said motor bicycle in order to avoid a collision with the Defendant’s vehicle, which led the Defendant to go beyond the road.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about 10 days due to such occupational negligence.

3. On December 22, 2018, the Defendant violated the Road Traffic Act (i.e., after-accident) (i., the Defendant driving of the foregoing cargo vehicle on or around 15:06, and moving back from J kindergarten room to I front of the rectification area in Sungnam-si, as an example, from the J kindergarten room, and was parked next to the said road, and the Defendant front of the Victim K-owned Lsch Rexroth vehicle.