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A defendant shall be punished by imprisonment for one year.
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
1. On January 17, 2016, the Defendant illegally used the automobile and used it temporarily by the victim C in the Gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, where the victim C was locked, without the consent of the injured party.
2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a motor vehicle in a D SP area.
On January 17, 2016, the Defendant driven the above car at around 21:50, while driving it, the Defendant continued to proceed to the middle distance from the exit of the Pari-ri tunnel to the middle distance from the exit of the Pari-ri tunnel, in the mountain of the Gun.
At the time, night, snow, and road sleeped, and thus, the driver has a duty of care to thoroughly see the duty of front-time and to prevent accidents by accurately manipulating the steering direction and brake system of the vehicle in advance.
Nevertheless, the Defendant neglected to drive it as it is, due to negligence, and led to the point of 300 meters from the exit of the tunnels, which led to the transfer line to the right side as the front part of the Defendant’s vehicle.
Ultimately, the Defendant suffered from the injury of the victim E (19 years) who was on the part of the above occupational negligence, such as double mouths, etc., resulting in the death at G hospital located in the area of Cheongju-si and a considerable amount of Cheongju-si around 18:35 of the same month. The Defendant suffered from the injury, such as double mouths, which require approximately 16 weeks of treatment to the same victim H (18 years old).
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to I, J and C;
1. A survey report on actual conditions;
1. Application of Acts and subordinate statutes to death certificates and diagnostic certificates;
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the point of occupational injury and death by death) and Article 331-2 of the Criminal Act (the point of illegal use of motor vehicle);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment without prison labor or imprisonment without prison labor;
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.