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A defendant shall be punished by imprisonment for not less than eight months.
except that 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 Cro-car.
On October 18, 2012, the Defendant driven the above car around 03:04, and proceeded at a speed of about 60 km from the southwest-gu, Seoul, Seocho-gu, Seoul, along three-lanes of the four-lane road in front of the end of the 2922 west-gu, Seocho-gu, Seoul.
At night, in such a case, there was a duty of care to prevent accidents in advance by accurately operating the steering system and brake system of the vehicle driving and driving the driver.
Nevertheless, the Defendant neglected to drive and drive while driving the taxi at the same time, and subsequently found the rocketing taxi that was driven by the victim D (53 years old) late before the stop line, and took a sudden action. However, the Defendant was unable to take the measure and received the part behind the front part of the said taxi, which was behind the front part of the said vehicle.
Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during approximately three weeks of medical treatment, and at the same time, the Defendant escaped without immediately stopping the 4,016,360 won back to the right-hand side of the said rocketing taxi so that it may cause damage to the victim and without taking necessary measures, such as aiding the victim or checking the degree of damage.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. The actual survey report on traffic accidents;
1. A medical certificate;
1. Application of the written estimate statutes;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The Criminal Act, the suspension of execution;