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A defendant shall be punished by imprisonment for not more than ten 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
The defendant is a person who is engaged in driving a K3 car.
On April 18, 2014, at around 23:45, the Defendant was driving along the intersection from the intersection to the intersection in the direction of the two-lanes in the front of the Dadio-do, Busan Metropolitan City.
At the time, there is a night and a place where the center line of the yellow-ray is installed, so there was a duty of care to ensure that drivers are engaged in driving service thoroughly and safely operate the car line.
Nevertheless, the Defendant neglected to do so and, by the negligence of driving the median line along the median line, went from the intersection of the said two-lanes of the said road to the intersection of the intersection, received the front part of the 125CC De de de detelpia, the front part of the said two-lanes, which was driven by the victim C (the age of 25) who was driving from the intersection of the said two-lanes.
결국 피고인은 위와 같은 업무상 과실로 피해자에게 약 6주간의 치료를 요하는 무릎뼈의 골절 등의 상해를 입게 함과 동시에 앞 범퍼 수리 등 수리비가 1,070,000원이 들도록 위 오토바이를 손괴하고도 곧 정차하여 피해자를 구호하는 등 필요한 조치를 취하지 아니하고 도주하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Written statements of D;
1. A traffic accident investigation report, a traffic accident initial action report, a photograph related to a traffic accident, or an escape route for a towed vehicle;
1. A medical certificate;
1. Application of the written estimate statutes;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, the choice of imprisonment with prison labor
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The sentencing of Article 62-2 of the Criminal Act is rendered to order to attend lectures and order to provide community service.