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A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On March 4, 2016, the Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (fugitives), driven the D/C 100cc amba in front of the D/C photographic pipe located in the Gyeongbuk-gun, Chungcheongnam-do around 11:28, 2016, led the Defendant to go toward the central private distance from the intersection of the P/C meeting of the elderly square.
In this case, the driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.
Nevertheless, the Defendant neglected this and did not discover the victim F (the age of 83) who dried up the road from the right-hand side of the Matoba in the progress of the Maba, which was in progress as it was, and did not immediately stop on the right-hand side of the Matoba, and did not take necessary measures such as providing relief to the injured party, and caused the victim to die, and caused the victim’s death by the math and the Mabaeing of the Maba in the south-gu Seoul Metropolitan City on 20:51 on the same day while receiving treatment from H hospital in the middle-gu G on the same day.
2. On March 4, 2016, the Defendant violated the Guarantee of Automobile Compensation for Damages, the Defendant, as the owner of the E 100cc Otoba, operated the said Otoba, which was not covered by mandatory insurance on the front road of a photographic library located in the Gyeongbuk-gun C around 11:28, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on internal investigation (a report on the witness's statement);
1. A survey report on actual condition and an accident scene photograph;
1. A death certificate;
1. Application of Acts and subordinate statutes regarding mandatory insurance;
1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 of the same Act concerning the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 of the Criminal Act: