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 one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in driving of a motor vehicle loaded in a sealed class B and III.

On March 10, 2020, around 21:08, the Defendant proceeded along the three-lane road from C Apartment to D in the way of the intersection of the crew distance of 931, at the height of the Papju city, along the two-lanes.

Since there was a cross-section where signal lights are installed, in such a case, there was a duty of care to live well on the right and the right of the driver and to prevent accidents in advance by driving safely in accordance with the new code.

Nevertheless, the Defendant neglected to do so and neglected to proceed with the red signal, thereby driving from the right-hand side of the vehicle running by the victim E (Nam, 46 years old) who was driving on the left-hand side from the direction-hand side of the vehicle running by the Defendant, the left-hand side of the FCA 110V Ro-wheeled vehicle was advanced by the Defendant.

As a result, the Defendant suffered from the above victim’s occupational negligence such as “scarcity scarke and scarke in which there is no open room within scarcity,” which requires approximately three months of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual survey report and the investigation report;

1. On-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the defendant had been punished several times due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, but again, he/she has committed another traffic accident crime in this case. The negligence of violating the signal is heavy. The injury suffered by the victim of the accident in this case is disadvantageous to the defendant; the defendant has no criminal power after 2009; the defendant has subscribed to a motor vehicle comprehensive insurance; the victim also violated the signal, taking into account the circumstances favorable to the defendant.