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Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who is engaged in the operation of C rocketing vehicles (D).
On March 24, 2017, around 04:35, the Defendant driving the two lanes in front of Samsung Flaser, which was located in the 1427 South-dong, Seo-gu, Busan, Seo-gu, Busan, at the lower end, and driven the two lanes at the lower intersection from the east of the East Asia University to the lower intersection.
In this case, the driver of the vehicle has a duty of care to see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right
Nevertheless, the defendant's negligence on the front side of the proceeding direction led the victim E (the 77 years old) who crosses the road to the right side of the road from the left side of the proceeding direction to the front side of the above rocketing vehicle.
As a result, the Defendant suffered injury to the victim due to the above occupational negligence during the treatment days due to the injury of the victim, such as the recognition disorder caused by the fluoral surgery.
Summary of Evidence
1. Statement by the defendant in court;
1.F;
G. Each statement of H
1. A traffic accident report;
1. Relevant photographs;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of recommended punishment [the scope of recommended punishment] on the sentencing criteria shall be limited to the basic area (four months to one year) (special sentencing factors): Where the victim has committed considerable negligence in the occurrence of traffic accidents or the expansion of damage even though the victim has caused serious injury (the type of one) in general traffic accidents;
2. The sentence of sentence is determined that the victim suffered significant injuries due to the traffic accident in this case, and it is difficult to recover the previous state of the accident due to the legacy.