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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
Criminal facts
At around 20:50 on December 25, 2013, the Defendant was a person who is engaged in driving CA car, and the Defendant was driving a road of 279-34 U.S. at the southyang-do, Namyang-do along one lane from the side of the Aero Saemaul Community Depository to the manual. On the other hand, the Defendant suffered injury, such as cerebral transfusion, etc., of the victim D (30 years old) driving CT100 motor bicycle driving in the opposite direction when he gets out of the center line due to the occupational negligence that he gets over the center line to overtake the front bank bus, and suffered injury to the victim by collision with the part of the motor vehicle between the Defendant and the part of the motor vehicle driving for about 8 weeks.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Statement on the occurrence of D traffic accidents;
1. The actual survey report on traffic accidents;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;
1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Decision of Suspension of Execution] The reason for sentencing under Article 62 (1) of the Criminal Act / [Decision of Suspension of Execution] The basic area [Scope of Recommendation] / from April to October of the general traffic accident / [Scope of Recommendation] : Comprehensive Motor Vehicle Insurance : Impactivity, serious reflectivity, no history of criminal punishment - No aggravated factors: Occurrence of serious injury which is not serious injury, occurrence of serious injury not serious injury, occurrence of punishment / [Scope of Punishment] 1 to 5 years [Decision of Punishment] / Imprisonment without prison labor for October and two years of suspended execution;