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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[Criminal Power] On November 29, 2018, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution for a violation of the Road Traffic Act (unlicensed Driving) at Seoul Southern District Court on November 29, 2018, and the judgment became final and conclusive on December 7, 2018.
【Criminal Facts】
The defendant is a person who is engaged in driving of a leisure car B.
On June 24, 2018, around 16:37, the Defendant driving a 11176 art park shooting distance as the border water of the Mangyang-si, Syang-si, without obtaining a driver's license, and led the said car to the right bypass from the art park to the Seoul bank.
In such a case, the driver of the vehicle has a duty of care to temporarily stop in front of the crosswalk (at the place where the stop line is installed, referring to the stop line) so as not to obstruct the passage of the pedestrian when the driver of the vehicle passes the crosswalk, and thus, the driver of the vehicle has a duty of care to temporarily stop.
Nevertheless, the Defendant neglected this and did not temporarily stop in front of the crosswalk and did not temporarily stop in front of the crosswalk, and caused the victim C (Nam, 29 years old) who crosses the crosswalk to the right side of the crosswalk from the left side to go beyond the ground.
Ultimately, the Defendant driven a motor vehicle without obtaining a driver’s license as above, and the Defendant suffered a 10-day medical treatment from the victim by negligence in the course of business as above.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A traffic accident report (1), (2);
1. A CCTV image closures;
1. A medical certificate;
1. Previous records: References to criminal records, copies of rulings, and application of Acts and subordinate statutes governing the list of related cases;
1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 6 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and Article 152 subparagraph 1 of the Road Traffic Act concerning criminal facts;