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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The Defendant is a person who is engaged in the driving of Hone Star Co., Ltd.
On August 30, 2016, around 19:35, the Defendant continued to turn to the left at the front of the J station located in Asan-si I at Asan-si and continued to turn to the left.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle in accordance with the vehicle line and to drive the motor vehicle safely by checking well the right and the right of the front.
Nevertheless, the Defendant neglected to make a left-hand turn at the two-lanes, and caused the collision to the back part of the left-hand part of the Defendant’s car operated by the Victim K (V, 51 years old) by the victim K (V).
Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc., requiring approximately two weeks of medical treatment, and at the same time, destroyed the damaged vehicle to have approximately KRW 1,185,138 of repair cost, and escaped without immediately stopping the vehicle to rescue the damaged person.
Summary of Evidence
1. Statement by the defendant in court;
1. The legal statement of K Witness;
1. Reporting of a traffic accident (1) (2);
1. Photographs of damaged vehicles;
1. A medical certificate;
1. Application of Acts and subordinate statutes concerning car inspection specifications;
1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act (the occupation of measures not taken after an accident);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;
1. A fine of three million won to be suspended;
1. The grounds for sentencing under Articles 70(1) and 69(2)(1) of the Criminal Act (one million won per day) of the Criminal Act, the form and degree of the instant crime, the recognition and reflect of the Defendant, the victim’s failure to want the punishment of the Defendant, and the criminal punishment.