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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 a period of 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 rocketing car.
On November 27, 2019, the Defendant driven the above rocketing vehicle at around 22:10, and turned down three lanes prior to the “D” in Ulsan Nam-gu C, Ulsan-gu, at a speed of about 40km per hour, depending on three lanes from the 2,000 intersections to the 40km long distance.
At the time, there are night and frequent passage of people. In such a case, there was a duty of care to prevent accidents in advance by driving safely, such as safe driving, such as whether a person engaged in driving of a motor vehicle is a pedestrian on the road.
Nevertheless, the defendant neglected this and got a pedestrian victim E (26 lue, kne, knee, etc.) who was walking to move a taxi in the direction of the defendant's proceeding and opposite direction at the vehicle line of the defendant, and got the victim into the front right part of the defendant's vehicle and caused the victim to fall into the road on the day on which his body falls.
Ultimately, even though the Defendant sustained approximately 10 weeks of treatment due to the above occupational negligence, the Defendant immediately stopped the victim and escaped without taking necessary measures, such as aiding and abetting the victim, even though he/she did so.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to E and F;
1. Application of Acts and subordinate statutes to survey reports on actual conditions, photographs at the scene of accidents, and medical certificates;
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. The defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection and Order to Attend Community Service and Order to Attend Military Service, has led to the confession of the crime of this case, and the victim has agreed with the victim only smoothly.