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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
Around 21:00 on March 29, 2013, the Defendant driven a ecoo vehicle B, which was not covered by mandatory insurance without a driver’s license, and proceeded with one lane between the two lanes near the 404-lane north-gu, Gwangju, from the right edge of the death distance to the scooland. Around March 29, 2013, the Defendant: (a) operated a ecoo vehicle in the victim C (n, 53 years old) driving at a speed to walk at the frontline by neglecting his duty of care to prevent accidents by accurately operating the ecuad, steering, and operating the brake, while neglecting his duty of care to prevent accidents; and (b) destroyed the damaged vehicle by causing approximately two weeks of the repair cost of the damaged vehicle to KRW 3,127,494 without taking necessary measures.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. A written diagnosis and written estimate;
1. The actual condition survey report;
1. Application of the ledger of driver's licenses and mandatory insurance-related Acts and subordinate statutes;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts; Article 268 of the Criminal Act; Articles 148 and 54 (1) of the Road Traffic Act; Article 151 of the Road Traffic Act; Articles 152 subparagraph 1 and 43 of the Road Traffic Act; Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. The punishment of imprisonment without prison labor shall be imposed on the crime of violating the Road Traffic Act due to the negligence in the course of selective operation, and the remaining crimes shall be punished by imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 38 (2) and 50 of the same Act for the increase of concurrent crimes;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (it shall consider favorable circumstances among the reasons for the relevant punishment);
1. The conditions favorable to the reasons for sentencing under Article 62(1) of the Criminal Act are as follows.