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Defendant shall be punished by imprisonment without prison labor for eight 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 Obane.
On November 5, 2017, the Defendant, around 18:40 on November 5, 2017, proceeded at a speed of 67.8km from the parallel parallel to the end of the end of the city at a speed of 40km per hour in front of Gwangjin-gu Seoul Special Metropolitan City.
In such cases, there was a duty of care to care in advance to prevent accidents in accordance with the speed limit for those who are engaged in driving service.
Nevertheless, the Defendant neglected this and found the victim D (e.g., age 81) who dried a road from the right side to the left side due to excessive negligence exceeding 20 km speed above the above speed limit as above, and received the victim from the front part of the Otoba.
Ultimately, the Defendant suffered serious injury to the victim, such as an influorous fluoral surgery, due to the above occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. The actual investigation report on traffic accidents;
1. Application of Acts and subordinate statutes to one written diagnosis on traffic accident analysis;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;
1. Where an injury occurs in the area of aggravation (from August to two years) (in the case of special aggravation) in the area of increase (from August to February) of the type of general traffic accident according to the sentencing guidelines, the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines; and
2. The circumstances are unfavorable to the Defendant, such as the fact that an accident occurred while driving a motor vehicle at a considerable speed exceeding the speed of restriction, the degree of injury to the victim, and the fact that the agreement with the victim appears to have not been reached.
On the other hand, it seems that the defendant recognized the crime of this case and reflected his mistake, and the victim's negligence in the occurrence of the accident also seems not to be small.