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Defendant shall be punished by imprisonment without prison labor for eight 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
The Defendant is a person engaging in driving a community car.
On August 28, 2014, at around 20:10, the Defendant, at the end of Gangseo-gu Seoul Metropolitan Government, driven the two-lane roads of 175 degrees from the surface of the broom water pumps, along the two-lanes in the direction of the 3rd apartment complex.
On the front side, there was a vehicle signal light and crosswalk, so the person engaged in driving service has a duty of care to prevent accidents in advance by complying with the vehicle signal and safely driving the crosswalk by checking whether there is a person who gets on the crosswalk.
Nevertheless, the Defendant neglected this and did not discover the victim C (13 years old) who was standing a crosswalk in accordance with the pedestrian signals from the left side of the running direction of the Defendant vehicle to the right side of the vehicle, and received the victim's right side in front of the left side of the Defendant vehicle with the front side of the left side of the vehicle.
As a result, the Defendant suffered from the Defendant’s negligence on the part of the above occupational negligence a tent of approximately six weeks in need of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement prepared in C;
1. A traffic accident report;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;
1. The reason for the sentencing of Article 62(1) of the Criminal Act [the scope of recommendations] general traffic accidents in Article 62(1) of the Act on the Suspension of Execution, where illegality in the proviso of Article 3(2) of the Act on Special Cases Concerning the Punishment of Traffic Accidents (referring to the person under special circumstances] is serious in the area of aggravation (Article 3(2) of the Act on Special Cases Concerning the Punishment of Traffic Accidents (Article 3(1) of the Act on the Punishment of Specific Crimes (Article 62(1) of the Act on the Punishment of Traffic Accidents).