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Defendant shall be punished by imprisonment without prison labor for not less than five months.
Reasons
Punishment of the crime
The Defendant is a person engaging in driving a Lusscar.
On July 19, 2014, the Defendant driven the above car at around 20:07, and came to go straight from tin 2, south 2, Dong, Seo-gu, Incheon, Seo-gu, 579-2, from the shooting distance front of the Abandoned Car, to tin 2, South and North.
Since the location is an intersection with signal lights, a person engaged in driving service has a duty of care to prevent accidents in advance by driving safely according to traffic signals.
Nevertheless, the Defendant neglected this and went beyond the red signal to the intersection by the negligence of entering the intersection beyond the red signal signal in contravention of the signal, and the part adjacent to the left side of the Defendant’s driving of the victim M(ma, 17 years old) driving from the south 2nd parallel to the south 2nd parallel.
As a result, the Defendant suffered injury, such as light flag and flag minated pulverization, which require approximately 12 weeks of medical treatment from the victim due to the above occupational negligence.
Summary of Evidence
1. Statement of the accused in the second protocol of trial;
1. Each police statement made against M orO;
1. Each statement of P and Q;
1. The actual condition survey report;
1. Application of Acts and subordinate statutes of a medical certificate;
1. The sentence shall be imposed on the defendant in light of the following: Article 3(1) and the proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts; Article 268 of the Criminal Act; Article 268 of the Criminal Act; the reason for sentencing of imprisonment without prison labor [the scope of recommendation] no basic area [the decision of sentence] [the defendant is heavy]; Article 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents (the bodily injury caused by traffic accidents]; Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 1 of the Act on Special Cases concerning the Determination of Punishment
However, the fact that the defendant is recognized to commit the crime and is against the law, is more than imprisonment without prison labor.