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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
Criminal facts
On May 25, 2017, the Defendant, at around 21:10, driven a CUP car at a speed of about 50 km from the Sindo University, along the three-lanes from the area of the veterans hospital to the area of the Sindo University.
At the same time, the signal lights are installed, so in such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with good faith and care.
Nevertheless, the Defendant neglected this and went to turn to the same apartment area in accordance with the new subparagraph from the right side by entering the intersection in violation of the signal while the Defendant neglected it, and shocked with the front part of the victim D (the other 33 years old) driving E in the front part of the above car driving by the Defendant.
As a result, the Defendant caused the victim to suffer from the injury of the victim due to the above occupational negligence, such as the exposure to the right side of the number of days of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. Application of Acts and subordinate statutes of each written diagnosis;
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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below)
1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;
2. Class 1 (Bodily Injury resulting from Traffic Accidents) (Special Sentencing) mitigated elements for traffic accidents: In the area of mitigation of punishment [the area of recommendation, the scope of recommendation] mitigated, one month to eight months without prison labor, and one month.
3. Determination of sentence does not include that the Defendant’s negligence with respect to the occurrence of the instant traffic accident, but also includes the degree of injury inflicted on the victim.
However, the Defendant is the first offender who had no record of criminal punishment before committing the instant crime.