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Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.
On May 18, 2017, the defendant operated the above car at around 10:40 on May 18, 2017, and turn to the left the front way of the petition-gu C at the Sinju City.
At that time, there is a crosswalk in which signal lights are installed on the front side, so the driver engaged in driving service has a duty of care to check whether there is a person who gets on a way to reduce the speed and to see well the right and the right and the right, and to drive safely in accordance with the new code.
Nevertheless, due to the negligence of left-hand turn, the victim D (52 years old) who cross the crosswalk from the left-hand side to the right-hand side according to the pedestrian signals, which was negligent in neglecting this, was taken into front part of the driver's car, and got the victim to go beyond the floor.
Ultimately, the Defendant suffered injury to the victim, such as pulverization in the right flaver and flaver, which requires approximately 10 weeks of treatment due to the above occupational negligence.
Summary of Evidence
Application of Acts and subordinate statutes to the defendant's legal statement D's report on the occurrence of traffic accidents, survey report on actual condition, and on-site photo examination report
1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, the proviso to Article 3 (2), and the selection of imprisonment without prison labor;
2. Article 62 (1) of the Criminal Act on the suspension of execution;
3. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] In general traffic accident cases where illegality in the basic area (four months to one year) (special mitigation and aggravation of punishment] / Cases where illegality in Article 3(2) proviso (excluding subparagraph 8) of the Act on Special Cases concerning the Education is serious [the decision of sentencing] unfavorable sentencing elements of the defendant.
The degree of injury of the victim is not somewhat weak.
In 2012, the defendant has been punished by a fine due to a drinking traffic accident.
The defendant reflects the wrongness of sentencing factors.
(b) a victim;