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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
The defendant is a person who is engaged in driving a Bchip car.
On November 29, 2019, the Defendant driven the said car without obtaining a driver's license on November 18, 2019, and led to the driving of the said car at an unsured speed depending on the two-lanes of the four-lanes between C Hospitalside and Dside, as the regular director of the Seo-gu Special Metropolitan City.
Since the lane on which the defendant was running is a place where the driver's surface is marked, the defendant engaged in driving the motor vehicle has a duty of care to observe the direction of the surface and safely proceed without hindering the passage of the surrounding motor vehicle and prevent the accident from spreading.
Nevertheless, the Defendant neglected this and went to the left at a three-lane in which the right turn and left turn is allowed due to the negligence of failing to comply with the direction of the above surface, and thereby, received the part on the right side of the above car driving by the victim E(48 years old) driving. The part on the left side of the victim E(48 years old) driving.
Accordingly, the Defendant suffered injury to the victim G(the age of 20) who was on board the victim E and the damaged vehicle by occupational negligence as above, for about two weeks of treatment, such as salt and tension, respectively.
Summary of Evidence
1. Defendant's legal statement;
1. A E-document;
1. The actual condition survey report;
1. The register of driver's licenses (the No. 4 lists of evidence);
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Relevant provisions of Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, the proviso of Article 3 (1), Article 3 (2) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Determination of a sentence of imprisonment without prison labor for the crime of violation of the Road Traffic Act (driving without obtaining a license) or the Act on Special Cases concerning the Settlement of Traffic Accidents;
1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.