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Defendant shall be punished by imprisonment without prison labor for ten 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 August 13, 2019, at around 21:45, the Defendant driven a B rocketing car, driving a three-lane road in front of Guro-gu Seoul Metropolitan Government at a speed not to be known at a one-lane from the due to an error ICT, and shocked the front part of the ECR105 WH car driving from the opposite direction due to the occupational negligence of the victim D (the age of 60) who driven in the opposite direction by violating the signal at the intersection where the sign prohibiting to turn to the left is installed.
Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the chief executive officer who retired from the right to the right, for about 18 weeks of treatment.
Summary of Evidence
1. Statement of the defendant in the first protocol of trial;
1. A written statement of F and D;
1. Application of Acts and subordinate statutes to a traffic accident report (1) (2), report on the occurrence of a traffic accident, investigation report (including details of damage, etc.);
1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act.
1. Article 62 (1) of the Criminal Act;
1. The defendant's negligence is heavy in sentencing of Article 62-2 of the Criminal Act and the degree of damage is heavy.
Although the defendant did not reach an agreement with the victim, it seems that the defendant subscribed to the comprehensive motor vehicle insurance and the compensation for damages is made against the victim.
In addition, the sentencing conditions specified in the pleadings of the instant case, such as the Defendant’s age, character and conduct, career, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as per the disposition in full.