Text
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person engaging in driving a rocketing car.
On December 1, 2015, the Defendant was driving a victim F (37 years) in front of the Defendant’s vehicle on the front of the building E located in the Dae-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City on December 1, 2015, using one lane from the right edge to the right edge of the two lanes.
G Twork XG vehicles were in the atmosphere of signal, so in such a case, a person engaged in driving service has a duty of care to stop in a safe way, such as thoroughly maintaining a safety distance, etc.
Nevertheless, the Defendant neglected to drive a motor vehicle and received the back part of the tran XG vehicle operated by the victim from the Defendant’s front line of the vehicle.
Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim F and the same passenger H (34 tax, female) in the light of the climatic base, etc. requiring two weeks medical treatment, and at the same time, did not immediately stop and take necessary measures, such as providing relief to the injured party, even though the damaged vehicle was damaged by the repair cost of KRW 1,302,908.
Summary of Evidence
1. Each legal statement of the witness F, H, I, and J;
1. Each written diagnosis;
1. Written estimate;
1. The investigation report on the actual condition of a traffic accident, the photograph of an accident vehicle, etc. [the defendant and his defense counsel asserted that the person who actually driven at the time of the instant case is not the defendant but K, but the above evidence reveals that according to the above evidence, it is sufficiently recognized that the occurrence of a traffic accident leading to shocking the damaged vehicle while driving the vehicle as stated in
Therefore, the above assertion by the defendant and his defense counsel cannot be accepted.
Application of Statutes
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime (the act and the injury caused by duty and the actual injury).