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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
The defendant is a person who is engaged in driving of C-III cargo vehicles.
On April 3, 2015, while under the influence of alcohol at around 21:20, the Defendant was negligent in neglecting the duty of Jeonju City at a speed of about 30 km of the D Building in front of the said D Building at a speed of about 30 km, and was negligent in neglecting the duty of Jeonju City at a speed of about 30 km of the said D Building, and the Defendant escaped without taking necessary measures, such as destroying the said vehicle and immediately stopping the said vehicle to rescue the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and G;
1. The actual condition survey report;
1. Application of Acts and subordinate statutes to a traffic accident photograph, diagnostic certificate, and written estimate of insurance repair expenses;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, 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 each sentence of imprisonment;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of recommendations based on the sentencing criteria - Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving vehicles): Basic area (from August to June) - Violation of the Road Traffic Act (unnecessary measures after accidents): Not setting the sentencing criteria; and
2. Determination of sentence - Unfavorable circumstances: The fact that the nature of the crime is not good and that it is not agreed with the victim that the victim has escaped without taking such measures as aiding the victim after the occurrence of the instant traffic accident;