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
The Defendant is a person who is engaged in driving of Bone Star Co., Ltd.
Around 16:30 on May 1, 2019, the Defendant driven the above van and proceeded with the front side road of Gwanak-gu in Seoul Special Metropolitan City in the direction of Samsung C in the direction of the new forest.
In this case, the driver of the motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle that is parked on both sides of the narrow and narrow width and driving the motor vehicle or the motor vehicle that is parked on both sides, and in such a case, the driver of the motor vehicle has a duty of care to properly operate the steering wheel and brake system and to ensure the safety of surrounding motor vehicles, pedestrians, etc.
Nevertheless, the Defendant neglected to do so and went on to the right side of the victim D (the age of 38) who was placed on the right side of the running of the Defendant due to his negligence, received the part of the victim D (the age of 38)'s elbow on the left side of the driving of the Defendant.
Ultimately, the Defendant, by negligence in the above occupational negligence, immediately stopped the victim and escaped without taking necessary measures, such as aiding the victim, even though he/she suffered bodily injury, such as elbows, in need of treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. A written statement of the victim;
1. Application of Acts and subordinate statutes of a medical certificate;
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;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. It is so decided as per Disposition for the reasons under Article 62 (1) of the Criminal Act, such as the suspension of execution (the fact that the vehicle is a vehicle covered by the comprehensive automobile insurance and the degree of damage is relatively insignificant);