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A defendant shall be punished by imprisonment for not less than 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
On January 19, 2013, around 16:37, the Defendant, while driving BKan-kn-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak-kak
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A report on traffic accidents and a report on actual condition;
1. Each photograph;
1. Application of Acts and subordinate statutes to a written diagnosis and estimate;
1. Article applicable to criminal facts;
(a) The escape after the injury caused by occupational negligence: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act;
(b) Point of a measure not taken after an accident: Articles 148 and 54(1) of the Road Traffic Act;
1. Commercial concurrence and selective punishment under Articles 40 and 50 of the Criminal Act (Punishment as imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than punishment);
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [General Considerations favorable to the defendant among "reasons for discretionary mitigation"]
1. Article 62 (1) of the Criminal Act;
1. The defendant's reasons for sentencing in Article 62-2 of the Criminal Act of the community service and lecture attendance order does not take measures such as saving the victim's driver's vehicle while driving a motor vehicle but does not take measures such as hiding the victim's driver's vehicle and aiding the victim's vehicle.
However, since a motor vehicle operated by the defendant is covered by a comprehensive motor vehicle insurance and there is no record of punishment imposed by the defendant more severe than a fine, there are favorable circumstances for the defendant, such as the age, character and behavior of the defendant in these circumstances.