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Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 12, 2020, the Defendant driven BSS5 car around 00:30 on April 12, 2020, which led to two-lanes of one-lanes in front of the studio building in Busan Seo-gu, Busan, to proceed at an aesthetic speed in the direction of the Dong University at the intersection of the Dong University.
At the time, it is night and there is a milch of the road surface in the state of rain, so the driver of the vehicle has a duty of care to thoroughly see the duty of front-time and prevent the accident by accurately manipulating the steering gear and brake system of the vehicle and accurately manipulating it.
Nevertheless, if the defendant neglected his duty of care and neglected to do so, the defendant found the victim D (the age of 37) who was coming from the road along a one-lane road in which the defendant is driving, and did not stop, and did not stop it, and shocked the victim's left side part of the front left part of the vehicle of the defendant.
Ultimately, the Defendant caused the injury of the victim due to the occupational negligence above, thereby causing serious injury to the victim, such as serious recognition disorder.
Summary of Evidence
1. Application of Acts and subordinate statutes to photographic Acts and subordinate statutes by capturing a medical certificate, written opinion, medical opinion, report on a traffic accident (whether it constitutes a serious injury) by the defendant's legal statement E, a traffic accident-related photograph, a pedestrian image before a witness vehicle accident;
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. Scope of the recommended sentence according to the sentencing guidelines [decision of types] of traffic accidents in general traffic accidents [Class 1] and mitigation elements of traffic accidents (special-speed person]: In case of occurrence of serious injury (the area of recommendation and the scope of recommendations], basic area of traffic accidents (the area of recommendation and the scope of recommendations], April through one year;
2. Determination of sentence: 8 months of imprisonment without prison labor, and two years of a suspended sentence shall be deemed to have been placed in front of the defendant;