Defendant shall be punished by imprisonment without prison labor for six 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.

Punishment of the crime

The Defendant is engaged in the business of driving Lone Star Cargo Vehicles B.

On December 15, 2016, the Defendant driven the above cargo vehicle around 10:00, and led the road of the first lane in front of Daejeon Seo-gu Daejeon to proceed from the middle school room to the one-lane.

Since a crosswalk is installed on the front side, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a pedestrian by reducing the speed and keeping the front door well and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected this and tried to find out the victim D (if he is 61 years old) who was crossing the crosswalk from the left side by his negligence without examining the front side properly, and then was faced with the victim's bridge as part of the front left side of the Defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as a ductal of ducts, which require approximately six weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. A medical certificate;

1. Application of the actual investigation report on traffic accidents, and statutes governing the scene photographs of traffic accidents;

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 and Article 268 of the Criminal Act 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 following circumstances shall be determined by comprehensively taking into account the Defendant’s age, occupation, sex, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc. and the conditions of various sentencing as shown in the instant pleadings.

The crime of this case is an accident that occurred in violation of the duty to protect pedestrians on the crosswalk, and is favorable to the degree of fault of the defendant, and the degree of the victim's injury.