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A defendant shall be punished by imprisonment for one year.
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 is a person who is engaged in driving a CP car.
On October 29, 2016, the Defendant driven the said car under the influence of alcohol content of 0.170% in blood around 06:15, and proceeded at a 877-lane in front of the children's traffic park located in Chungcheongnam-gu, Gwangju, in front of the children's traffic park, the Defendant driven at a 5-lane rate depending on the 3-lanes between the five-lanes of Korean bank.
At that time, the defendant had a duty of care to maintain a reasonable distance and operate safely by checking the side well, as the defendant followed the victim D(n, 55 years old) driving EM car. Therefore, the defendant had a duty of care to maintain the appropriate distance to a person engaged in driving service.
Nevertheless, the Defendant neglected such duty of care and failed to maintain the victim’s E-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-te-se-te-car operated by the Defendant.
As a result, the Defendant suffered from the victim’s negligence in the course of performing the above duties such as the “fluor’s salt and tension” requiring approximately two weeks medical treatment, and at the same time, the Defendant escaped without taking necessary measures even after destroying and damaging the said EPoter’s car so that the repair cost equivalent to KRW 3,302,451, such as replacement of the back one-way one.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police of D;
1. A traffic accident occurrence report;
1. The actual investigation report on traffic accidents;
1. Statement of the circumstances of the driver involved in driving;
1. Written estimate of general repair expenses;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after an accident), Articles 148-2 subparag. 2 and 44(1) of the Road Traffic Act concerning the crime;
1.Article 40 of the Criminal Code of Trade and Trade.