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Defendant shall be punished by imprisonment without prison labor for one year.
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
The Defendant is a person engaged in driving a tXG car.
On March 31, 2019, at around 21:50, the Defendant, at approximately 75.6km/h speed from the boundary line to the intersection in Ulsan-gu, Ulsan-gu, Seoul-do, and had the victim D (the 31-year-old) who dried the above crosswalk to the port from the right side of the course due to occupational negligence proceeding in excess of 60km/h with the fixed speed, without having neglected to stop the front-time at the crosswalk in order to reach the crosswalk where no signal is installed, and instead, having the victim D (the 31-year-old) who opened the above crosswalk to the right side of the road.
The Defendant suffered from the victim’s serious injury, such as a loss in the number of days of treatment, due to the foregoing traffic accident.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. The application of Acts and subordinate statutes to the actual survey report, response to the request for traffic accident analysis, and medical certificate;
1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;
1. Scope of punishment by law: From one month to five years of a credit cooperative;
2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 1], the injury of traffic accidents (special-speed person], the mitigated element of punishment: Where a serious injury occurs (the scope of recommendation area and recommendation range], the basic area, and April to one year;
3. It is an unfavorable circumstance that the Defendant, who was sentenced to sentence, did not temporarily stop in the crosswalk and continued to proceed in the crosswalk and caused the victim to suffer serious injury.
However, the defendant confessions the crime of this case and repents the wrongness, there is no record of punishment so far, there is no agreement between the victim and the victim, and the age and age of the defendant.