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Defendant shall be punished by imprisonment without prison labor for eight months.
except that 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 a BMW C600 SPR two-wheeled automobile.
around 18:40 on February 18, 2019, the Defendant passed along the bicycle lane of D in Changwon-si, Changwon-si.
Since it is a bicycle lane, vehicles and riders of horses shall not enter the center right side of the road, and drivers of vehicles and riders of horses shall pass along the center right side of the road, and they obtained the bicycle front side of the victim E(63 years old) driving a bicycle driving on the center left side of the road due to negligence driving along the upper part of the above two-wheeled vehicle, which led the victim to go beyond the floor.
Ultimately, the suspect suffered injury, such as the 16-day clifeculation, the following bridge clifecium, etc., from the victim due to the above occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Report on the occurrence of a traffic accident;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3 (1), the proviso to Article 3 (2) 1 and 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: From one month to five years of a credit cooperative;
2. Extent of recommendation [decision of type] according to the sentencing guidelines for traffic accidents in general traffic accidents [Type 1] and the element of mitigation of punishment (including serious efforts to recover damage): In cases where illegality in the proviso to Article 3 (2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious, or in cases of clibing (excluding the area of recommendation and the scope of recommendation] basic area, from April to one year without labor;
3. According to the decision of sentence, circumstances favorable to the sentencing conditions, such as the following circumstances and the defendant's age, character and conduct, environment, background of the crime, and circumstances after the crime: the time of and against the crime;