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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
1. The defendant is a person engaged in driving a C-car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unclaimed Measures after Accidents);
At around 14:00 on November 17, 2012, the Defendant driven the above vehicle, and proceeded at approximately 40 km in the city of Sinsan-si in the direction of the daily life-compact, which is located in the original valley of the member city in Ansan-si.
At the time, Eone Star vehicles operated by the victim D(39 years of age) were stopped in the air traffic signal from the front side of the Defendant’s vehicle. In such a case, the Defendant, who is engaged in driving of the vehicle, has a duty of care to accurately manipulate the brake and steering gear with the vehicle in front to prevent the accident by maintaining a proper distance from the vehicle in front.
Nevertheless, the defendant neglected to do so and received the rear part of the damaged vehicle due to the negligence of the defendant's vehicle.
The Defendant, by such occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of medical treatment for about two weeks, and at the same time, destroyed the damaged vehicle to have an amount equivalent to KRW 2,367,526, but failed to immediately stop and escape without taking measures, such as providing relief to the victim.
2. Notwithstanding the fact that a motor vehicle, which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, cannot be operated on the road, the Defendant operated a C motor vehicle which is not covered by mandatory insurance at the same date and place as indicated in the foregoing paragraph (1).
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Statement of the police statement regarding D (Simplified traffic);
1. A traffic accident report (1) (2);
1. Mandatory insurance policies;
1. Application of Acts and subordinate statutes to a written diagnosis and estimate;
1. Duties of Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning criminal facts.