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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
On January 14, 2016, the Defendant: (a) driven a DSS5 car on a around 22:15, and driven a DM5 car in Gwangju Mine-gu along the three-lane of the F control point in the direction of the Jin-gu, Gwangju Mine-gu along the three-lane of the road in the direction of the new road, and went away without taking necessary measures, such as providing relief to the injured party, by negligence in the course of business, which violated the suspension signal of the vehicle in the direction of the new road, while driving the three-lane of the road in the direction of the new road.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. A traffic accident report;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime and the selection of punishment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;
1. The scope of applicable sentences under law: Imprisonment with prison labor for up to 6 months up to 15 years;
2. Scope of the recommended punishment according to the sentencing guidelines: Imprisonment with prison labor for up to one year and six months (the scope of the recommended punishment) / Where illegality in the proviso to Article 3 (2) of the Act on Special Cases concerning the Military Service is serious.
3. The sentence shall be determined as ordered in light of all the sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, sex, environment, health conditions, circumstances after the commission of the crime, etc., in the major normal relationship to be considered below the sentence.
The defendant's negligence is severe.
Victims suffered serious injuries.
At the time of the defendant's drinking.