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1. The defendant shall be punished by imprisonment for eight months;
2.Provided, That the execution of the above sentence shall be postponed 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 benz vehicle.
Around 01:50 on September 21, 2014, the Defendant driven the benz vehicle at a speed of about 100 km in speed from Seoul to Busan, the speed of 410.2km on the road at a point that is 410.2 km away from the Gannam-si Si, Sungnam-do.
At the time, there are nights, and vehicles pass along the front door, so in such a case, there was a duty of care to confirm safety by checking well the right and the right and the right and the right of the driver, and to accurately manipulate the steering system and prevent the accident.
Nevertheless, by negligence, the Defendant neglected to perform his duty in Jeonju-si, caused injury to the victim, by shocking the left-hand panion part of the victim’s DSS5 vehicle driving, such as light crums and tensions, which require approximately three weeks of medical treatment, and also escaped without immediately stopping the said SM5 vehicle, even if the Defendant destroyed the 6,891,084 won, such as exchange of hackers, and failed to take necessary measures.
Summary of Evidence
1. Defendant's legal statement;
2. The police statement concerning C;
3. A traffic accident report (1) (2).
4. Application of Acts and subordinate statutes to a written diagnosis and estimate.
1. 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 concerning the crime;
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition, the choice of imprisonment.
3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
4. Article 62 (1) of the Criminal Act ( considered the fact that a comprehensive insurance has been subscribed).
5. Social service order under Article 62-2 of the Criminal Act;