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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person engaged in driving a rocketing car.
On October 19, 2016, the Defendant driven the above vehicle at around 21:09, and driven the two-lanes of the fourth line road in front of the Suwon-si, Suwon-si, Suwon-si, Suwon-si, into the area of the sloping-si.
Since there is a road that can be a U-turn at a one-lane in the left turn, in this case, a person engaged in driving service has a duty of care to safely drive the car in accordance with the new subparagraph.
그럼에도 불구하고 피고인은 이를 게을리 한 채 직진 신호에 2 차로에서 유턴을 한 과실로 때마침 반대 방향에서 D UA125XQ 오토바이를 운전하던 피해자 E(48 세) 로 하여금 피고인 차량과의 충돌을 피하려 다가 도로에 넘어지게 하였다.
Defendant 1 suffered from the left-hand side of the victim requiring approximately two weeks of treatment due to such occupational negligence, and at the same time, Defendant 1 did not immediately stop the damaged lebane so that 600,000 won can be repaired and escaped without taking measures such as aiding the damaged lebane.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made in preparation of a letter of apology to E;
1. Application of Acts and subordinate statutes to a traffic accident report, traffic accident occurrence report, internal investigation report, diagnosis certificate, and written estimate;
1. Relevant Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act, and the choice of imprisonment for each of the following reasons: The relevant provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution - The crime that the Defendant escaped without any particular measure despite the occurrence of the instant case by making an illegal internship. The circumstances favorable to the Defendant are good.