A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in driving duties of K7 cars.

On June 5, 2020, the Defendant driven the above car at around 00:05, and driven the intersection C in front of the window in the Changnam-si, Changnam-si along the two-lanes of the Do road from D to the Do road.

At this point, there was a duty of care to safely enter the intersection by making a temporary stop in accordance with the red-defensing signals to a person engaged in driving of a motor vehicle, and examining whether there are other motor vehicles entering the intersection and checking whether there are other motor vehicles entering the intersection.

Nevertheless, the Defendant did not temporarily stop, and did not properly examine whether there are other vehicles entering the intersection, and did so, due to the negligence in the course of business entering the intersection, and instead, took part of the part following the right-hand part of the victim E(59 years old) driving, which was going to the right-hand side from the left-hand side of the Defendant to the right-hand side.

이로써 피고인은 위와 같은 업무상 과실로 피해자에게 약 2주간의 치료가 필요한 경추의 염좌 및 긴장 등의 상해를 입게 함과 동시에 사이드스텝몰딩 교환 등 수리비 합계 2,566,101원이 들도록 위 택시를 손괴하였음에도 즉시 정차하여 피해자를 구호하는 등 필요한 조치를 취하지 아니하고 그대로 도주하였다.

Summary of Evidence

1. Protocol of each police statement of the defendant E in court and G;

1. The application of Acts and subordinate statutes to report the occurrence of a traffic accident, related photographs, estimates of the actual survey report, and victim's diagnosis report;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and 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. Article 53 of the Criminal Act for discretionary mitigation.