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1. The defendant shall be punished by imprisonment for eight months;
2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving of B cargo vehicles.
On March 9, 2016, the Defendant driven the above vehicle at around 23:03, and led the front house of Gwangju Northern-gu C to drive the road at the speed of about 40km per hour, depending on the one-lane distance from the side of the elementary school in East-gu, the road at the speed of 30km.
At the time, there is an intersection at night and at the front, so the defendant engaged in driving service has a duty of care to ensure safety distance to avoid collisions with the vehicle ahead and to safely drive the vehicle in front by safely examining the movement of the vehicle ahead when the vehicle ahead stops suddenly.
Nevertheless, the Defendant, who neglected this and proceeded to turn to the right at the intersection due to the negligence of the Defendant, was shocked with the back part of the vehicle of the Defendant for the victim D (W, 48 years old) who temporarily stopped to turn to the left.
Ultimately, the Defendant, by negligence on duty, sustained from the victim F, who was on board the victim and the victim F (the 17-year old age group) who was on board the steering force of the victimized vehicle, the injury to the climatic salt, etc. requiring approximately two weeks medical treatment, and at the same time, did not immediately stop the damaged vehicle to the extent of KRW 1,087,97, such as the exchange of back clifers, and escaped without taking necessary measures, such as making a stop, and saving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of the Act and subordinate statutes to a survey report, each written diagnosis, and written estimate;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury or injury to each duty), Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident) of the relevant Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Order of community service;