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Defendant shall be punished by imprisonment without prison labor for four months.
However, the execution of the above sentence 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 of Lone Star or Gohap.
On January 12, 2016, the Defendant driven the above vans around 17:46 on January 12, 2016, and driven the road of the 1119-lane 27-ro, Mapo-gu, Mapo-gu, Seoul, at the right speed in the direction of the elementary school in the direction of the solar apartment.
At this point, there was a place where a red light is installed as an intersection with a crosswalk, so there was a duty of care to check whether a person engaged in driving service is a person who temporarily stops immediately before the intersection, and check the front and right and the right and the right and the right and the right and the right are well and to drive safely.
Nevertheless, the Defendant failed to discover the victim D who was standing a road using a marina by negligence, while neglecting this, and did not discover the victim D, and had the Defendant go beyond the floor with the front part of the victim's left shoulder.
As a result, the Defendant suffered injury to the victim, such as the victim’s 10 weeks of occupational negligence, on the right fluora, requiring approximately 10 weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. The actual investigation report on traffic accidents;
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 choice of imprisonment without prison labor, concerning criminal facts;
1. Article 62(1) of the Criminal Act (see the following grounds for sentencing)
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. General traffic accidents, injury from traffic accidents, and basic areas of punishment to be recommended: April to October of imprisonment without prison labor; where illegality in the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious - Reduction elements: Non-Punishment;
2. The negligence of this case where the defendant, who was sentenced to punishment, drives a crosswalk in violation of the signal, led the person who has driven the crosswalk normally.