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.

Punishment of the crime

The defendant is a person who is engaged in the operation of Bunst Motor Vehicle.

On May 3, 2018, the Defendant driven the above car at around 19:10, and driven the D's front road at the D's parking lot at the D's station in Chungcheongnam-nam, Chungcheongnam-si, the Defendant driven the car toward the three-distance distance from the parking lot at D's station.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brakes well before and after the left.

Nevertheless, the Defendant neglected this and led the Defendant to shock the front door part of the victim E (the 31-year old-age-old driver) driving, which was proceeding on the front road due to the negligence of entering the road.

Ultimately, the Defendant, by such occupational negligence, inflicted injury on the victim’s eggs, tensions, etc. on the bones of necks, which requires approximately two weeks of medical treatment, and inflicted injury on the victim’s G (e.g., 57 years old) who was on the said car with approximately two weeks of medical treatment on the said car, and at the same time, destroyed the said car to cover approximately KRW 2,834,778 of repair costs, but failed to take necessary measures for the occurrence of the accident, such as aiding the victim, and escaped from the scene of the accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E, G, and H;

1. Reporting on the occurrence of a traffic accident and photographs at the scene of accident;

1. A medical certificate (I and one other);

1. Application of written estimates (F) Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148 and 54 (1) of the Road Traffic Act (unnecessary Measures after Accidents);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. 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. The reason for sentencing under Article 62-2 of the Criminal Act is the order to attend a lecture or the order to provide community service.