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 of the final judgment.

Punishment of the crime

The defendant is a person who is engaged in the duties of bicycle riding.

At around 16:30 on April 17, 2018, the Defendant driven the above bicycle and entered the bicycle lane near Taedong-gu Seouldong-gu, Taedong-gu, Taedong-gu, and stopped the bicycle while driving the above bicycle lane in the direction of the Large Dam from the apartment direction B.

Since there is a bicycle lane where bicycle traffic is frequent, in such cases, a person engaged in bicycle driving has a duty of care to prevent accidents by safely driving, such as driving a bicycle on the upper right side of the road and stopping a bicycle at the right side of the road.

Nevertheless, the Defendant neglected this and stopped on the left side of the center of the road, and caused the victim D, who was driving a bicycle on the chilling part of the road, not on the edge of the road, to escape the Defendant standing a stop, plucked down the hand on the right side, and let him go beyond the ground along with the bicycle.

Ultimately, the Defendant suffered injury to the victim as a result of the foregoing occupational negligence during approximately seven weeks of treatment, such as cutting down the frame and closing down the training frame.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual condition of traffic accidents (1) (2);

1. On-site photographs;

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

1. Article 3 (1) 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, and Selection of imprisonment without prison labor;

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

1. Determination of the sentence as ordered by comprehensively taking account of the following circumstances and other various conditions of sentencing indicated in the records of sentencing under Article 62-2 of the Criminal Act of the community service order.

Unfavorable circumstances: The victim was at fault of stopping the bicycle in the reverse direction of the bicycle, the victim's injury was serious, and there was no damage recovery measure against the victim.