Text
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.
Reasons
Punishment of the crime
1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a passenger car with B low-speed car;
At around 14:00 on November 26, 2019, the Defendant driven the said car without obtaining a driver's license, and proceeded in the direction of amnesty in the direction of the virtue in which the galking is set up at the galp in the galp of the car.
Since there are lots of roads bended, there was a duty of care to prevent accidents in advance by driving safely, such as by driving the brake device in case of problems such as failure in the vehicle, etc.
Nevertheless, the Defendant did not operate the brake system in front of the Defendant's vehicle, and did not avoid the victim C(51 years old) driver's car in front of the Defendant's vehicle, and did not avoid the driver's car in front of the Defendant's vehicle, and shocked the front right side of the above X-ray car.
As a result, the Defendant suffered injury to the victim, such as salt dump, tensions, etc. in need of treatment for about one week.
2. The Defendant violated the Road Traffic Act (Free Driver’s License) without obtaining a driver’s license for a motor vehicle at the time set forth in paragraph (1) and driving a B low-speed motor vehicle at the section of about 7.2 km from the front to the road set forth in Paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to medical certificates;
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 38(2), and Article 50 of the Criminal Act shall apply.