Text
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a Bsch Rexton car.
On November 13, 2015, the Defendant driven the above car at around 14:30 on November 13, 2015, and proceeded at a speed of about 70 km each hour along the two-lanes from the lower intersection to the wooden behavior of the D station located in Chungcheong City C.
At the time, it was difficult to reduce the speed of the driver, and in such a case, there was a duty of care to prevent accidents in advance by operating the steering system accurately.
그럼에도 불구하고 피고인은 이를 게을리 한 채 그대로 진행한 과실로, 위 렉스 턴 승용차를 빗길에 왼쪽으로 미끄러지면서 그곳에 설치되어 있던 중앙 분리대를 들이받은 후 튕겨 나가게 하여, 마침 진행 방향 1 차로에서 진행 중이 던 E이 운전하는 F 로 체 승용차의 좌측 앞 부분을 위 렉스 턴 승용차의 앞 범퍼 부분으로 충격하게 하였다.
Ultimately, the Defendant caused serious injury to the victim G (72) who was on board the said Bosch Rexrothn car due to the above occupational negligence by the victim G (72) who was in the said car due to the injury of serious brain injury, etc. for which the number of days of treatment cannot be known.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. On-site photographs, on-site photographs, and CCTV images;
1. Each written diagnosis;
1. The request or response to the request;
1. Application of Acts and subordinate statutes to a report on investigation (victim G current state and food uncertainty);
1. Relevant Article 3 (1) and the proviso to Article 4 (1) 2, Article 268 of the Criminal Act concerning facts constituting an offense, and Article 3 (1) and Article 4 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Application of the sentencing guidelines [the type of determination] traffic crimes, general traffic accidents, and type 1 (the injury of traffic accidents) (the person subject to special sentencing): In the event of injury (the scope of the decision and the sentencing of recommendations) among the increased factors, the aggravated area is between eight months and imprisonment without prison labor.