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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
The defendant is a person who is engaged in driving of a C-III truck.
On May 24, 2018, the Defendant, at around 20:00, proceeded at a speed of about 30 km in the Si-speed of the apartment room, considering the E convenience store D in the Gain Underground Road, from the Gain Underground Road, to the apartment room.
Since a crosswalk is installed, in such a case, a person engaged in driving of a motor vehicle has a duty of care to check whether there is a person, and to drive the motor vehicle safely.
Nevertheless, the defendant neglected this and got the body of the victim F(53) who was standing a crosswalk on the right side of the defendant's running direction from his negligence, to use it on the road.
As a result, the Defendant suffered injury, such as “a state of unclear consciousness” to the extent that the victim suffered injury, such as “a state of unclear consciousness, in which there is no open one.”
Summary of Evidence
1. Statement 1 by the defendant in court and statement by the police in G;
1. A traffic accident report;
1. A copy of a medical certificate;
1. Application of CD-related Acts and subordinate statutes
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;
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 for community service work.
1. The scope of recommended punishment according to the sentencing guidelines [the type of determination] shall be limited to the range of punishment [the person subject to special sentencing] according to the type of traffic accidents in general: the mitigated element of punishment (including serious efforts to recover damage): Where an injury occurs among the factors subject to aggravated punishment (including the recommended territory and sentences), the basic area of punishment [the person subject to recommendation], and the person subject to imprisonment without prison labor for not less than four months and not more than one year;
2. Determination of sentence (unfavorable circumstances) of the instant crime was committed by the Defendant while driving a vehicle, and by negligence, the Defendant neglected his duty of front-time care, thereby walking along the crosswalk.