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Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for a period of one year 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 motor device bicycle.
On March 29, 2017, the Defendant driven the above vehicle around 11:30 on March 29, 2017, and proceeded from the intersection to the intersection of the stadium in accordance with the one lane among three lanes in the direction of the sub-section D in the Chungcheongnam-gu Seoul Metropolitan City. The Defendant had a crosswalk that does not have any signal, etc. on the front direction of the passage.
In such cases, a person engaged in driving of a vehicle has a duty of care to prevent accidents in advance by checking whether he/she is a person driving the vehicle with a view to reducing speed, driving on the front side, and walking on the crosswalk.
Nevertheless, the Defendant neglected this and proceeded without a speed in front of the crosswalk, and found the Victim F (60) who walked along the crosswalk from the right-hand side of the Defendant’s course to the left-hand side of the crosswalk, and suffered about 12 weeks from the front side of the Defendant’s vehicle and suffered approximately KRW 12 week treatment to the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. An accident scene photograph;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;
1. The grounds for sentencing under Article 62-2 of the Criminal Act Article 62-2 of the Act on the Suspension of Execution are agreed with the victim, and the vehicle involved in the liability insurance is covered by an agreement with the victim for sentencing under Article 62-2 of the Criminal Act; the defendant does not have the same type of criminal records; the defendant was seriously injured by shocking the victim who dried the crosswalk on the other hand; and other various circumstances, such as the circumstances and result of the instant accident; and the defendant's age