A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who is engaged in driving of X-ray vehicles.

On February 8, 2017, the Defendant driven the above van on the 11:10 on February 8, 2017, and led to two lanes in front of the first high school located in the 4-dong, Seogu, Seo-gu Scattering, one of the four-lanes, with a large four-lane distance from the fugitive distance.

At the time, the Defendant, while driving three lanes, changed the lanes to one lane in order to avoid the wind of changing the lanes into the two lanes in which the Defendant is underway. In such a case, a person engaged in driving a motor vehicle has a duty of care to change the lanes in order to give an advance notice of change of course and to ensure the smooth living of traffic on the front side and the right side.

Nevertheless, the Defendant neglected to do so and neglected to change the course to left left as it is, and thereby, was driven by the victim D (W, 44 years old) who was driving on the right side of the EM5 vehicle, and received the front part of the EM5 vehicle as the rear part of the left side of the said Gohap.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as light scam and scams in need of treatment for about two weeks, and at the same time, escaped without taking measures, such as providing relief to the victim, even though scams, etc. of the SM5 vehicle were damaged to an extent equivalent to KRW 1,028,548.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. One diagnosis report and investigation report (the details of diagnosis and treatment of victims);

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of the penalty;