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Defendant shall be punished by imprisonment without prison labor for four months.
except that 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
The defendant is a person who is engaged in driving of B Poter cargo vehicles.
On November 26, 2018, the Defendant driven the above cargo vehicle around 13:30 on November 26, 2018, and led the two-lanes of the two-lanes of the national highways No. 2 in the front of Bosung-gun C, Bosung-gun, to proceed to about 105.9km each hour according to one-lane.
As a main road, there is frequent traffic of vehicles, and there is a section designated as 80 km speed per hour, so in such a case, there was a duty of care to safely proceed by seeing the front side and observing the restricted speed.
Nevertheless, the Defendant neglected this and tried to see the back side of the E-learning car driven by the victim D (hereinafter referred to as the 41 year old) who was under the influence of driving the speed exceeding 25.9 km at a speed of 25.9 km, due to the negligence of the Defendant’s driving at a speed of more than a speed of 25.9 km.
Ultimately, the Defendant suffered, by negligence in the above business, injury to the victim D, such as a spelke, in need of treatment for about three weeks, and injury to the victim F (F, who was on board the fright car) who was on board the frighting car, for about eight weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the police against D or F;
1. Reports on traffic accidents, on-site evidence and photographs of the traffic accident;
1. A traffic accident analysis report;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 3 (1) (proviso) 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of alternative imprisonment without prison labor;
1. The fact that the injury suffered by the victims of the reasons for sentencing under Article 62(1) of the Criminal Act is not less than that of the Act, and that the degree of occupational negligence is not less than that of the Act, but the fact that the defendant recognizes and reflects the crime, and that the victims and the victims have agreed smoothly.