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Defendant shall be punished by imprisonment without prison labor for ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is engaged in driving a rocketing car.
On December 2, 2020, the Defendant driven the above car on December 16:25, 2020, and driven the above car along five lanes in front of the rooftop distance in Ulsan-gu, Ulsan-gu, Incheon-gu, in accordance with five-lanes from C to the prosperity intersection.
Since there is an intersection where a signal, etc. is installed, there was a duty of care to reduce the speed for persons engaged in driving a motor vehicle and to prevent accidents by safely driving the motor vehicle in accordance with the signals.
Nevertheless, the Defendant neglected this and got a bicycle driven by the victim D ( South, 76 years old) who entered the port to cross the road to the port from the right side of the horse course due to the negligence of the Defendant’s failure in driving on a stop signal and in violation of the signal, and the Defendant was driving on the front part of the car.
As a result, the Defendant suffered injury to the victim, such as pressure pressure duplicating for approximately eight weeks of medical treatment due to the above occupational negligence.
Summary of Evidence
1. Application of Acts and subordinate statutes to a written examination of a defendant's legal statement room, a survey report on him/her, and a photograph by taking on-site CCTV;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the Defendant, including the Defendant’s age, family relation, growth process, sexual conduct, living environment, the background and result of the instant crime, and the circumstances after the instant crime, etc., shall be comprehensively taken into account, and the sentence as ordered.
The circumstances at a disadvantage: The defendant is against the fact that he caused an accident that causes damage to the victim by violating the signal and driving by negligence, and the circumstances favorable to the fact that the victim suffered a big injury due to the crime of this case: