A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The defendant is a person who is engaged in driving of C Freight owned by Han-jin Co., Ltd. as a elective engineer.

On November 9, 2016, the Defendant proceeded with one lane in front of Pyeongtaek-si D on November 23:30, 2016, from the Western basin to the offside.

At the time, it was night and a narrow one lane. In such a case, there was a duty of care to prevent accidents by properly manipulating the brake system to a person engaged in driving business.

Nevertheless, the Defendant neglected to do so and went on to the right side of the victim E (the remaining, the age of 68) who moves to the road from the right side of the Defendant vehicle to the right side of the Defendant vehicle.

Accordingly, even if the Defendant suffered injury to the above victim due to the above occupational negligence during about 20 weeks of medical treatment, he immediately stopped and did not take necessary measures such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Each vehicle and on-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and selection of imprisonment with prison labor;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Where an injury occurs in the basic area (from August to January to June) (in cases of a person subject to special aggravated punishment) of the category 1 (in cases of a person subject to aggravated punishment), the scope of punishment on the sentencing guidelines [the scope of punishment on the recommendation] from one year to three years (in cases of an aggravated area) after traffic accidents;

2. Determination of sentencing below the sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, shall be taken into account and determined in the same sentence as the order (as the defendant goes beyond the scope of the recommended sentence).