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.

Criminal facts

The defendant is a person who is engaged in driving of a fixed cargo vehicle C1t.

On February 7, 2017, the Defendant driven the above cargo vehicle around 10:47, and proceeded at a speed of about 60km at a speed of about 50km from the center to the center of the water level, along the three-lane road in the Sejong East East-dong horse distance, Suwon-si, Suwon-si.

On the other hand, there is an intersection where signal lights are installed and the victim D(79) was crossing without permission from the right side of the defendant's running direction to the left side. In such a case, the driver of the motor vehicle has a duty of care to prevent the accident in advance by putting the front side and accurately operating the steering and steering gear, and by controlling the speed in advance.

Nevertheless, the Defendant neglected this and did not look at the front door while making a telephone call with a portable phone, and did not discover the victim and received it from the ground.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during approximately 52 weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A written statement of F and G;

1. A detailed statement of currency;

1. Two copies of a photograph of an accident-related photograph and a black stuffed photograph;

1. A copy of each medical certificate, medical opinion, and medical record;

1. Application of CD-related Acts and subordinate statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the assertion of the Defendant and the defense counsel under Article 62-2 of the Criminal Act, Article 59(1) of the Act on the Observation, etc. of Protection, etc. of Social Service Orders

1. The main point of the assertion was that the Defendant had already completed the handphone operation before the instant accident occurred, and thus, the Defendant is obliged to take the front place due to the Handphone operation.