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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a third party vehicle.
On December 6, 2015, the Defendant driven the above car at around 06:25, and proceeded two lanes in front of the three-lane distance of sewage terminal treatment site in Hansan-dong, Hansan-si, with two-lanes of the width of the safe gas station from the shooting distance room in the two-lane.
In this case, a driver of a motor vehicle has a duty of care to safely drive the operation of the system and steering gear to prevent accidents by accurately operating the system.
Nevertheless, the Defendant neglected to drive a stroke while neglecting this, and neglected to do so at the front of the Defendant vehicle, and caused the rear panion of the ES5 car driven by the victim D (48 tax) who was driving at the front of the Defendant vehicle.
Ultimately, the Defendant, due to the above occupational negligence, suffered from the victim with a spake in need of medical treatment for about four weeks, and at the same time, escaped without taking necessary measures, such as aiding and abetting the sM5 car so that the repair cost, such as the exchange of back pans, would be equivalent to KRW 10,902,626, such as cutting off the sM5 car and saving the damaged person.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. The actual survey report and on-site photographs;
1. Application of Acts and subordinate statutes to a written diagnosis and estimate;
1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the traffic accident);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment [the scope of recommending punishment] The area of mitigation (from June to October) (the area of escape after injury) is not subject to punishment (the person who has been specially mitigated).