A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

The defendant is a person who is engaged in driving a Crane IG car.

On February 24, 2018, the Defendant driven the above car on February 24, 2018, and led to approximately 381.1km road of approximately 381 km in Seoul, Myeonk-gu, Seoul, Myeonk-do along the border road, which is located in the Chyeong-dong, the Defendant proceeded along the first lane in Seoul in the direction of Busan.

At the time, the victim D(45) driving EM car was under way on the two-lanes right side of the Defendant’s driving direction, and thus, the Defendant, who is engaged in driving duty, had a duty of care to observe the vehicle line and accurately operate the steering and operating the steering gear while keeping the front and rear left and right well.

Nevertheless, the Defendant neglected this and caused the two-lanes beyond the two-lanes, and thereby, received the back part of the left-hand part of the said Alti-math car from the Defendant’s driver’s driver’s driving.

Ultimately, the Defendant, by such occupational negligence as above, sustained injury to the victim D and the victim F (the age of 38) who was on board the said Alti car, such as salt, tensions, etc. for about three weeks of medical treatment, and at the same time, did not immediately stop the said Alti car and escape without taking necessary measures, such as aiding the damaged person, even though it damages approximately KRW 3,325,520 of repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of the F Statement;

1. A survey report on actual conditions;

1. Photographs of damaged vehicles;

1. Each written diagnosis;

1. Application of the written estimate for motor vehicle inspection and maintenance;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning criminal facts (the point of absence of measures after an accident) under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of absence of measures after an accident);

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 for mitigation of a small amount of punishment