Text
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
On November 27, 2013, the Defendant is a driver of a high-speed motor vehicle, and the Defendant driven the above high-speed motor vehicle at around 10:20 on November 27, 2013, and driven the two-lane 1716km km from the Masan to the two-lane km.
At the time, since snow was poor, there was a duty of care to reduce speed to those who drive a motor vehicle and properly operate the steering gear and brake system and drive the motor vehicle safely.
However, without neglecting the above duty of care, the Defendant found the vehicles parked on the front side due to a traffic accident at a late time, followed the balc ped, and caused the Defendant to turn off the Defendant’s low-speed vehicle into the snowway due to negligence, and received the victim D (44 years old) who was on the right side of the Defendant’s high-speed motor vehicle in front of the passenger vehicle.
The Defendant suffered injury to the victim D due to such occupational negligence, such as the closure of the raw salone-time abandonment, which requires approximately ten weeks of medical treatment to the victim D.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of E and D;
1. Each written diagnosis;
1. Application of the Act and subordinate statutes on the actual condition survey report and accident site photographs;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the decision on a suspended sentence) of the Act on the Suspension of Execution (the decision on a suspended sentence) of general traffic accidents in the category 1 [the decision on the recommended sentence] of traffic accidents [the scope of the recommended sentence] basic area [the general person] from April to October [the scope of the recommended sentence] - The mitigated element: a deposit of a reasonable amount (4 million won), a serious reflective factor - Where a serious injury, other than a serious injury, occurs [the decision on a suspended sentence] six months, and two years of suspended sentence;