Text
A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 11, 2014, around 08:40 on 08:0, the Defendant was driving the wing Cwing Franchid freight vehicle on the national highway No. 39 on a non-fwinging surface in the direction of the spacking area, and was driving along the two-lanes of the way, the Defendant changed the two-lanes to the two-lane.
In such cases, the defendant who is engaged in driving of a motor vehicle has a duty of care to safely proceed by accurately operating the operation and brake system of the front side.
Nevertheless, the Defendant neglected this and failed to discover the E-V or car driving of the victim D (year 51) driving along the two-lanes, and caused the Defendant to change the two-lanes due to the negligence of changing the two-lanes of the vehicle, and caused the victim to suffer bodily injury such as light salt, etc. requiring approximately three-day medical treatment, and at the same time, destroyed the damaged vehicle to a level of KRW 2,740,308 for repair cost, but failed to immediately stop and stop the damaged vehicle and continue to run without taking measures such as aiding the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. The actual condition survey report;
1. Application of Acts and subordinate statutes to a written diagnosis and estimate;
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 Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is that the defendant reflects his mistake, that there is no record of punishment exceeding the fine, that there is membership in the Financial Cooperative, and that the sentencing criteria do not apply as they are because they fall under recommended ordinary concurrent crimes according to the sentencing guidelines.
The basic area (from August to June, and from June, and from special prisons after traffic accidents) shall be the basic area (from August to June, and from special prisons):