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Defendant shall be punished by imprisonment without prison labor for not less than five months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On December 6, 2013, the Defendant was a person engaging in driving a rocketing car, and was driving the said car around 10:30 on December 6, 2013, and was driving the said car and driving the road in front of the 6888-dong at Guri-si from the juvenile training center to the 10km away from the female parking lot.
Since a crosswalk without signal apparatus is installed, there was a duty of care to accurately check whether a person engaged in driving of a vehicle is a pedestrian crossing and drive the vehicle.
However, the Defendant neglected the above duty of care and neglected it.
A victim C (the age of 55) who crosses a crosswalk to the right side at the right side of the direction of the proceeding was received as a driver in front of the rocketing car.
As a result, the Defendant suffered injury, such as 12 weeks of medical treatment, due to the above occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. A medical certificate;
1. Application of Acts and subordinate statutes to the report on traffic accidents;
1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, selection of imprisonment without prison labor;
1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Determination of the type of punishment] Type 1 of general traffic accident [Special Convicts] - The mitigated element of punishment [Determination of the recommended area] The mitigated area of punishment [the scope of recommendation] [the scope of punishment] ] January to June / [the imprisonment without prison labor in 5 months], 5 months], and 2 years prior to the suspended sentence, the vehicle of the defendant is covered by comprehensive insurance, such as the fact that the defendant's negligence was large, and the degree of injury inflicted on the victim, and the defendant's vehicle is covered by comprehensive insurance. The defendant shows an attitude against his mistake, and other favorable circumstances, such as the defendant's age, character and behavior, environment, the background and result of the crime of this case,