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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 October 20, 2019, the Defendant was engaged in driving a rocketing car, and around October 20, 2019, the Defendant proceeded one way ahead of the Geum River-dong ecological wetlands Park at the time of Hasan to the above park third distance on the side of the movable property.
Since there is a signal apparatus installed, in such a case, there was a duty of care to prevent accidents in advance by safely operating the vehicle in a safe way by living well the right and the right of the road driver.
Nevertheless, the Defendant neglected this and fledd the back part of the victim C (V, 59 years old) driving vehicles in the signal signal line at the front of the Defendant’s vehicle stop line as well as the front part of the Defendant’s vehicle.
Ultimately, even if the Defendant suffered from an injury, such as salt, tension, etc., in need of treatment for about two weeks by occupational negligence as above, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. The application of Acts and subordinate statutes to the report on the occurrence of traffic accidents, the actual survey report, accident-related photographs, and medical certificate;
1. 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;
1. Article 53 or 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 (Consideration of sentencing)
1. Although it is not clear that the defendant escaped without taking any measures with regard to traffic accidents that occurred due to the defendant's breach of his/her duty of care in sentencing grounds under Article 62-2 of the Criminal Act, the crime is committed in depth, the defendant has an agreement with the victim, the defendant has no penal power except criminal punishment for drinking driving once, and the defendant's age and family environment are all together.