A defendant shall be punished by imprisonment for not more than ten 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 of B Poter cargo vehicles.

On December 12, 2018, the Defendant was driving the above cargo vehicle on the 10:40 on December 12, 2018, and proceeded to a three-distance intersection in front of the dong-ri, which is located in the south of the Gyeongnam-gun, and the said three-distance intersection was moving to the south side surface from the village bank to the south side surface, and the said three-distance intersection was driving by the victim D (year 75) to the south side of the Chuncheon river.

In such cases, a person engaged in driving service has a duty of care to prevent the occurrence of accidents by driving the vehicle with the right of way in the case of the vehicle seeking to be straight through the intersection.

Nevertheless, the Defendant neglected this and failed to properly operate the steering and steering devices, and caused the front part of the foregoing cargo vehicle to go on the road by obtaining the back part of the right side of the above cargo and let the victim move to the road.

Ultimately, even if the Defendant suffered from an injury to the injured party, such as an external depression, which requires treatment for about eight weeks due to such occupational negligence, the Defendant immediately stopped the injured party and escaped without taking necessary measures, such as providing assistance to casualties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on the occurrence of a traffic accident;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to 6 months up to 15 years;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of traffic crimes).