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1. The defendant shall be punished by imprisonment for eight months;
2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 01:30 on January 4, 2014, the Defendant, while driving the said vehicle under the influence of alcohol concentration of 0.076% on blood alcohol level, was able to drive the said vehicle into the home pluger in the direction of the ideological region in Busan, the front part of the three-lanes of the Glock-dong Busan, the Glock-dong Clock-dong, Busan, with a duty of care to drive safely in accordance with the new code, due to the occupational negligence of the front-time, while neglecting the duty of care to drive safely in accordance with the new code, even though there was a duty of care to drive safely in accordance with the previous code, and caused the sudden breakdown part of the back part of the E-ro cab that was driven by the victim D (Nam, 48 years old) who was temporarily stopped in accordance with the stop signal at the front end of the vehicle of the Defendant.
Accordingly, the Defendant suffered from the injury of the victim D, the victim F (n, the 40-year-old passenger), and the victim G (n, the 60-year-old passenger) in each of the above occupational negligence by causing about two weeks of medical treatment, and at the same time, the Defendant did not immediately stop the said taxi so that the amount equivalent to KRW 464,94, and does not take appropriate measures such as providing relief to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. A written statement on the occurrence of D traffic accidents;
1. Each written diagnosis and photographs of damaged vehicles;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Application of Acts and subordinate statutes to a report on investigation (a written estimate for a damaged vehicle);
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54 (1) and 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the crime concerned;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;