Text
1. The defendant shall be punished by imprisonment without prison labor for four months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
The Defendant is a person who is engaged in the operation of B rocketing taxi.
On February 25, 2015, the Defendant driven the above vehicle at around 18:20, and driven the front road of the D Pharmacy located in Gwangju Seo-gu, Gwangju, along the two-lane speed from the opposite side to the opposite side of the two-lane.
At this point, there was a crosswalk where signal lights are installed, so in such a case, there was a duty of care to check whether a person engaged in the driving of a motor vehicle gets on the way to reduce the speed and to check well the right and the right and the right of the driver, and to safely drive the motor vehicle in accordance with the new code.
Nevertheless, the Defendant neglected this and found the victim E (n.e., the 60 years old) crossing the crosswalk from the side of the two-dynamic pedestrian signals to the D pharmacy in accordance with the two-way pedestrian signals, and had the victim go beyond the road by taking part of the victim's body part before the driving of the Defendant, with the front part of the vehicle.
As a result, the Defendant suffered injury, such as a pelpelto, which requires medical treatment for about three months, due to such occupational negligence, to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. The application of statutes to actual survey reports, photographs, and signal systems;
1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;
2. Scope of the recommended sentence based on the sentencing guidelines: Where the illegality in the proviso to Article 3 (2) of the Special Education Act is serious (where at least two proviso are applicable) in the basic area (from April to October): Type 1 of general traffic accident: In the case of imprisonment without prison labor for not less than April to October.
3. Determination of sentence: A signal shall be sent at the crosswalk of four months of imprisonment without prison labor and the suspension of execution of two years; and