Defendant shall be punished by imprisonment without prison labor for three 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 a straw freight vehicle B.

피고인은 2019. 10. 23. 10:50경 위 화물차를 운전하여 대전 중구 C에 있는 D 앞 ‘ㅜ’자 교차로를 안영IC 쪽에서 유등천 쪽으로 전방 녹색신호에 비보호 좌회전하게 되었다.

Since a crosswalk has been installed, in such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle safely in front of the crosswalk, such as temporarily stopping in front of the crosswalk, so as not to obstruct or endanger the passage of the pedestrian when the pedestrian is traveling along the crosswalk.

Nevertheless, due to the negligence of neglecting this, the Defendant got the victim E (the 65 years old) who dried the crosswalk from the left side of the road to the right side of the Defendant’s walking signal, etc. according to the green light of the pedestrian signal, etc. on the left side of the said cargo.

Ultimately, the Defendant suffered injury to the victim, such as a ductal of ducts, which require approximately six weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report (1) (2) (actual survey report);

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing CCTVs and CCTV images in the scene of an accident by cutting down a photograph at the scene of the accident or CCTV in the location of the accident;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: From January to five years of imprisonment without prison labor;

2. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 1] causing traffic accidents (special-speed person]: Reduction factors of punishment and non-regulation [the scope of recommendation and recommendation] reduction range, reduction range of punishment and imprisonment without prison labor for January through August 3.