Text
Defendant shall be punished by imprisonment without prison labor for six 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
The defendant is a person who is engaged in the duty of driving B rocketing taxi.
On August 13, 2017, the Defendant driven the above taxi on August 21:15, 2017, and driven the two-lane road in front of D in Jeju City along the two-lane distance from the side of E to the two-lane.
At the time, night and place speed is 60 km speed, so in such cases, there was a duty of care to prevent accidents in advance, such as complying with the speed and speed of the vehicle driver, and accurately manipulating the steering gear and brakes, etc.
Nevertheless, the Defendant neglected this and found the victim F (the remaining and 61 years of age) who crosses the crosswalk from the left side to the right side at a speed exceeding about 27 km per hour, and operated it to the right side in order to avoid this. However, the Defendant did not avoid the Defendant’s vehicle, but did not go beyond the victim’s body and bridge due to even the left side of the Defendant’s driving.
Defendant 1 suffered injury to the victim due to the above occupational negligence in light of the fact that the victim suffered approximately 16 weeks of care for the left-hand side of the 16 week and the opening of the non-alley executives.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Report on a traffic accident, report on the scene of an accident, and notification on the results of analysis of a traffic accident;
1. Application of Acts and subordinate statutes (F);
1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures shall be determined by taking into account the following circumstances into account:
An unfavorable circumstance: The degree of injury of the victim is heavy and the circumstances favorable to the victim is not agreed with: some of the occurrence details and result of the accident in this case.