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.

Punishment of the crime

The defendant is a person who is engaged in driving a BM5 car.

On February 17, 2019, the defendant driving the above car at around 04:45, and driving the car at around 1077 local roads in order to pass along the 1077 local roads in order to the two-lanes in Busan.

At the time, the front section of the defendant was at night and the front section was bended by the coordinates, so in such a case, the driver of the motor vehicle had a duty of care to observe the front section and the right and the right, and to prevent the accident in advance by accurately manipulating the steering direction and the brakes.

Nevertheless, the defendant neglected this and was negligent in proceeding at the bend section of the visvis, which was installed on the right side of the defendant and managed by the victim D., about 60 meters of the temporary gate in front of the car.

Ultimately, the Defendant did not take necessary measures to destroy approximately KRW 8,993,00 of the repair cost to cover approximately 60 meters of the above temporary fences due to the above occupational negligence and escaped without leaving the said car.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. Written estimate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of Article 148 and Article 54 (1) of the Road Traffic Act concerning facts constituting a crime;

1. Article 62 (1) of the Criminal Act;

1. The fact that an order to attend a lecture or an order to attend a community service is recognized and reflected in the facts charged for sentencing under Article 62-2 of the Criminal Act, and the fact that damage has been recovered is favorable

On the other hand, the fact that the degree of damage to the goods is large, and that the vehicle involved in the accident is left alone on the road, causing the risk of secondary traffic accidents, is disadvantageous to the defendant.

Other factors of sentencing, such as the age, character and conduct, environment, motive for crime, etc. of the defendant, shall be determined as per the order.