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Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a concrete mixture truck.
On February 14, 2014, the Defendant driven the above vehicle at around 12:05, and proceeded in the front of the Jinsan apartment Gyeong-dong at the time of macro-gu with the driving distance from the front side to the front side.
At this point, there was a duty of care to safely drive a person engaged in driving service according to the signals by reducing speed and carefully examining the right and the right of the front side.
Nevertheless, the Defendant neglected this and received the part of the victim C (the 41-year-old driver) driving the victim C (the 41-year-old driver) who has left the left at the right side due to the negligence of entering the red signal at the intersection of the red signal, and received the top part prior to the right side of the Defendant vehicle.
As a result, the Defendant suffered injury to the victim due to the occupational negligence as seen above, such as the increase in the number of drilling damage, which requires approximately eight weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
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 for Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);
1. According to the sentencing guidelines for sentencing under Article 62-2 of the Criminal Act, the Defendant’s imprisonment without prison labor for one or six months is recommended [the recognition of a person who is subject to special mitigation (including a special mitigation) of the category 1 of ordinary traffic accident (the recognition of a person who is not subject to punishment] (the recognition of a person who is not subject to punishment]. The Defendant violated signal signals, the victim suffers relatively serious injury, and the Defendant has a record of being punished three times due to drunk driving. Such factors shall be taken into account as the reasons for sentencing unfavorable to the Defendant.
Provided, That the victim does not want the punishment of the defendant, and the defendant operates.