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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person engaging in driving a Party B’s car.
On April 18, 2020, the Defendant driven the above car on April 16, 2020, and proceeded to turn to the left the intersection of the children protection zone in front of the D second door located in Daejeon Seosung-gu, by making the intersection from the E apartment room to the F apartment room.
Since this is a child protection zone and a crosswalk installed, the driver of a motor vehicle has a duty of care to check whether there is a person to build the crosswalk by checking well the right and the right and the right of the motor vehicle, and pay attention to the safety of the children separately.
Nevertheless, the Defendant neglected this and proceeded on the left side of the vehicle driving direction, and did not discover the victim G (Nam and 6 years of age) with the right side, and received the part of the victim's right side bridge from the left side of the vehicle driving direction.
As a result, the Defendant suffered injury to the victim by occupational negligence, which caused approximately 10 weeks of treatment to the right side of abandonment, in light of the body of abandonment.
Summary of Evidence
1. Application of the Acts and subordinate statutes to the Defendant’s legal statement, such as his/her written statement, field photographs, photographs of the skins, etc., photographs, copies of the CCTV images for crime prevention (victim G), and CCTV for crime prevention;
1. Article 5-13 subparagraph 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the choice of imprisonment;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "contributative circumstances") of the suspended sentence;
1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than six months from July to June;
2. Non-application of the sentencing criteria: The sentencing criteria are not set.
3. Determination of sentence: Imprisonment with prison labor for eight months, and the defendant with a stay of execution for two years shall be an intersection in which crosswalks are installed in a children protection zone;