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Defendant shall be punished by imprisonment without prison labor for six 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 vehicle of K5 vehicles.
On November 04, 2013, at around 23:55, the Defendant is proceeding with the Corporation's distance from the private distance outflow of the mountain basin to the ZF Korea, Cheongcheon-dong, Seocheon-gu, Incheon, Cheongcheon-gu, Cheongcheon-dong, 422-2.
In order to avoid the crackdown on drinking driving, the center line was invaded and proceeded at a speed of 10 K km.
At the time, there was a police officer prior to the Defendant’s vehicle to escape from drinking driving, so the person engaged in driving service has a duty of care to stop and prevent the accident in advance.
Nevertheless, the defendant's negligence of driving the victim C (the age of 42) who was a police officer in front of the defendant's vehicle due to the negligence of neglecting this and driving the vehicle in order to escape.
Ultimately, the Defendant suffered injury to the victim, such as the number of units and the number of units in need of treatment for about five days, due to the above occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;
1. In the area of mitigation from among the injury of traffic accidents caused by the traffic accidents in general traffic accidents according to the sentencing criteria: One month to six months (special-speed persons) of a credit cooperative: Where minor injury has occurred (type 1);
2. In light of the circumstances leading to the instant crime, etc., the sentence shall be imposed in consideration of various factors of sentencing, such as the circumstances unfavorable to the Defendant, such as the bad character of the relevant crime, the absence of agreement with the victim, the fact that it is against the Defendant on the one hand, the fact that it is covered by a comprehensive insurance, the favorable circumstances such as the fact that there is no record of actual punishment, and other factors of sentencing, including