Text
A defendant shall be punished by imprisonment for not more than ten 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.
Reasons
Punishment of the crime
The defendant shall drive two cargo vehicles in his/her duties.
On October 21, 2015, the Defendant driven the above cargo vehicle at around 20:34, and driven the road in front of the “E” located in Pyeong-gun, Hapyeong-gun, Hapyeong-do, with a speed of about 30 km from the Hap-Eup to the Hap-Myeon, at a speed of about 30 km.
Since there is no signal signal, there was a duty of care to drive a person engaged in the business of driving a motor vehicle in order not to obstruct the operation of the motor vehicle driving by entering the intersection first.
Nevertheless, the Defendant neglected to do so and received the back part of the G 20 driving of the Victim F (75 Do) drive, which was directly going into the said intersection due to occupational negligence bypassing the said intersection, as the front part of the said cargo vehicle.
Ultimately, the Defendant suffered injury to the victim, such as a call lease of closure, which requires approximately eight weeks of medical treatment due to such occupational negligence, and at the same time, the Defendant escaped without taking necessary measures, such as immediately stopping the victim, even though the victim’s market price was damaged by the above 800,000 won.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of Acts and subordinate statutes to the traffic accident report, diagnosis certificate, each borrowed inquiry, and photographs;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes applicable to the relevant crime under Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury) and Articles 148 and 54 (1) of the Road Traffic Act (the point of non-measures after the injury);
1. Formal concurrence and the choice of punishment under Articles 40 and 50 of the Criminal Act, the choice of punishment by imprisonment;
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. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection, community service, and order to attend lectures;
1. [Determination of type] Type 1 of escape after traffic accident;
2. [Special Sentencings] mitigation elements: