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Defendant shall be punished by imprisonment without prison labor for not less than five months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 9, 2014, the Defendant driving a B K7 taxi around 12:40, and continued to proceed to the J7 taxi located in the Simsan-si cultural Dong of Changwon-si, Changwon-si into the three-distance Intersection in front of the Simsan-si, Changwon-si, and the area of the Simsan-gu Welfare Center at the flood.
At the time, the victim C(75 years old) driving was proceeding in the direction of the defendant's proceeding.
In this situation, the driver of the vehicle who intends to overtake should safely overtake by sending the signal to the front vehicle, and there was a duty of care to not make the overtaking in the intersection.
Nevertheless, the Defendant received the left-hand side of the over-to-face of the said taxi by negligence within the intersection where the overtaking is prohibited.
Ultimately, the Defendant, by negligence in the above occupational negligence, inflicted bodily injury on the part of the body part of the light frame in which detailed treatment for about 10 weeks is required.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (4) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Facts constituting an offense, and Article 268 of the Criminal Act;
1. Reasons for sentencing under Article 62 (1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type 1 (Death resulting from Traffic Accidents) (Special Mitigation) and the basic area (Special Mitigation) (Article 1) of the Act on the Suspension of Execution (Article 62 (1) of the Act on the Suspension of Execution). In the event of occurrence of a violation of punishment or serious injury (Article 1), five months without prison labor, suspension of execution (Article 62 (1) of the Criminal Act on