Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On February 12, 2014, the Defendant, who is engaged in driving of Cpoter II cargo vehicles (hereinafter referred to as “Defendant vehicle”), was driving the Defendant vehicle at around 20:20, while driving the Defendant vehicle at around 159 m3 lanes in front of the Seocheon-si, Seocheon-gu, Seocheon-gu, Seocheon-do along the three-lane 40km in speed from the spoke basin to the spoke (hereinafter referred to as “victim vehicle”), followed the E-observer vehicle driven by the victim D (33 years of age) driving in the same direction (hereinafter referred to as “victim”), and therefore, the Defendant had a duty of care to safely drive and prevent accidents by accurately manipulating the front side and the left side and the right side of the vehicle and accurately manipulating the operation of the vehicle, and to prevent accidents in advance.
Nevertheless, the Defendant neglected this and failed to find out that the damaged vehicle was changed to three-lanes by negligence, which led to the Defendant’s failure to keep the damaged vehicle back to the right side of the damaged vehicle.
Ultimately, the Defendant, by occupational negligence as above, sustained injury to the victim D, such as light salt in need of approximately two weeks of medical treatment, and suffered injury to the victim FF (the 34 years old), who was on the top of the operation of the said car, for about three weeks of medical treatment. Although the Defendant damaged the damaged vehicle to cover repair costs of KRW 1,089,098, such as the exchange of ripomers, the Defendant immediately stopped and escaped without taking measures such as providing relief to the victim.
Summary of Evidence
1. Each legal statement of the witness F, D, G, and H;
1. Written statements of D;
1. The actual condition of traffic accidents;
1. On-site and photographs of vehicles, and photographs of vehicles;
1. Each written diagnosis;
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 (Selection of Imprisonment) Articles 148 and 54 (1) of the Road Traffic Act (Selection of Imprisonment);
1. Articles 40 and 50 of the Criminal Code of Trade Competition.