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A defendant shall be punished by imprisonment for not less than eight months.
However, 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 a low-speed car B.
On October 21, 2014, the Defendant driven the above car at around 21:20, and changed the lane to the two-lanes while driving the road of 5 lanes of 138 degrees as in the 138th Olympic Winter Games as in Gangnam-gu Seoul, Gangnam-gu, Seoul.
At that time, since the DMFW car driven by the victim C(32 years of age) was in progress in the two-lane, the driver of the vehicle has a duty of care to make it possible for the driver of the vehicle to see whether other vehicles are driven in the vehicle intended to enter when changing the vehicle, and to prevent the accident in advance by entering the vehicle in the same way.
Nevertheless, the Defendant neglected this and received the front part of the BMW car in front of the left side of the said BMW car, following the upper right side of the said BM car driven by the Defendant due to the negligence of changing the tea to the two-lanes.
As a result, the Defendant suffered from the victim C, who operated the said BMW car due to the above occupational negligence, about two weeks of medical treatment, and suffered confluences, etc. from the victim E (35 years of age) who was on board the said BM car at the same time, and at the same time, the above BMW car was damaged to the extent of 5,496,314 won, including the exchange of the panel, and went away without taking necessary measures, such as aiding the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. The actual condition survey report;
1. Each written diagnosis;
1. Application of the written estimate statutes;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes applicable mutatis mutandis to the crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage and destruction by occupational negligence);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. The punishment shall be sentenced to an alternative imprisonment;