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A defendant shall be punished by imprisonment for four 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
The Defendant is a person who is engaged in the business of driving modern 4.5 tons of truck trucks.
On June 25, 2016, the Defendant driven the above vehicle without obtaining a driver's license at around 07:30 on June 25, 2016, and led the Defendant to drive the said vehicle into the off-line of the D-C-C-C-C-C-C-C-C-C-Ski zone.
At the time, the victim E (the age of 51) was accompanied by the Defendant’s vehicle, so a person engaged in driving of a motor vehicle has a duty to pay attention in advance to prevent accidents by driving the motor vehicle safely, such as accurately operating the steering direction and brake system and controlling speed in advance.
Nevertheless, the Defendant neglected this and proceeded with a broke by driving the broke, but failed to operate it on the right side, and caused the Defendant’s vehicle to be cut off with the front part of the Defendant’s vehicle, and received street trees and landscaping rocks. The Defendant’s vehicle was cut back as it is due to its shock.
As a result, the Defendant suffered approximately seven weeks of medical treatment from the victim due to the foregoing occupational negligence, such as minculating the upper left-hand flusium, and driving a vehicle without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the occurrence of a traffic accident, the actual condition survey report, and on-site photographs;
1. Report on the situation of operation without a license, and the register of driver’s licenses;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act and Articles 43 of the Road Traffic Act;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the scope of recommendations) shall be the type of general traffic accident.