Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for 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 freight B and B.

On November 13, 2019, the Defendant driven the above cargo vehicle on November 13, 2019, and continued to drive the above cargo vehicle on the Jeju-do road from the wing-dong bank to the sloping-dong bank.

Since a crosswalk is installed on the front side, a pedestrian, who is engaged in driving of a motor vehicle, has a duty of care to temporarily stop in front of the crosswalk so as not to obstruct the passage of the pedestrian, and prevent the accident from occurring.

Nevertheless, the Defendant neglected this and found the victim D (in 74 years old) who passed a crosswalk from the right side to the left side of the road at the time of the Defendant’s failure to care well for the front side of the road. However, the Defendant failed to avoid this, and caused the victim to go beyond the road by shocking the parts of the victim’s body back to the front part of the cargo vehicle.

Ultimately, the Defendant suffered injury to the victim, such as cutting down and closing down the part of the right pelle, which requires medical treatment for about 20 weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

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 and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The degree of injury of a victim on the grounds of sentencing under Article 62-2 of the Criminal Act is significant; on the other hand, the defendant reflects and agrees with the victim; the defendant's age, character and conduct, family relation, environment, circumstances and result of the crime; and other circumstances shown in the arguments of this case, including the circumstances after the crime, shall be determined as ordered by the court, comprehensively taking into account.