Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in driving of Dunst Motor Vehicle.

On November 22, 2015, the Defendant driven the above vehicle on the 16:30 on November 22, 2015, and driven the four-lane of the fish-distance distance in the upper and lower east-dong of Young-gu, Young-gu, Young-gu, Chungcheongnam-gu, with three-lanes from the Magsan to the Gangnamnam University, and changed the lane to four-lane.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to accurately manipulate the steering gear, brake system, etc. to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and operated a speed pedal as a brake, by negligence in the course of business, which caused the Defendant to misunderstand the speed pedal as a brake, and caused the victim E(41) who was a bicycle riding on the sidewalk, in front of the above vehicle while the vehicle driven by the Defendant was frightd with the sidewalk, and caused the victim to stick between the street trees and the above vehicle.

Ultimately, the Defendant, by occupational negligence, caused the victim to be placed in a congested state due to injury, such as an infertility brain damage, which requires at least 24 weeks of medical treatment, thereby causing danger to his/her life.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1) (1) and reporting of a traffic accident (2) (2) (2));

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence:

1. Application of the sentencing guidelines [Scope of recommending punishment] traffic crimes, general traffic accidents, and Type 1 (Bodily Injury resulting from Traffic Accidents): Where an injury occurs among the factors of aggravation (the area of recommendation and sentencing of recommendations], the area of aggravation [the area of recommendation and sentencing of recommendations], August - January 6;

2. Determination of sentence: One year of imprisonment without prison labor or two years of suspension of execution, and the degree of injury of the victim shall not be covered by a comprehensive insurance;