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Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for 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 car of Coinado sports cargo.
At around 12:00 on January 31, 2019, the Defendant driven the above co-maid sports cargo vehicle, and had the two-lane roads near the dong-distance intersection in the front village of the Sinpo-Eup at the time of the racing proceed from the west distance to the west along the upper village distance.
At the same time, there was a blind-distance intersection where signal lights are installed, so in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle with the signal signals to prevent the accident in advance.
Nevertheless, the Defendant neglected this and thereby entered the intersection in violation of the new code even though the signal was red signal, and was negligent in entering the intersection, and the part of the victim C (e.g., the 52-year-old driver) driving, who was passing through the intersection from the right side to the right side in the direction of the running side of the above co-sports truck by the Defendant’s driver, was in front of the above co-sports truck.
Ultimately, the Defendant suffered from a serious injury to the victim due to the above occupational negligence by causing less than 12 weeks injury to the victim, such as cerebral cerebral injury without any two internal organs in need of open medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. A traffic accident report;
1. An accident site photograph;
1. A medical certificate;
1. Investigation report (verification of serious injury of victim C) - Reference materials;
1. Request for cooperation in investigation (verification of whether it is a serious injury) - A medical statement;
1. Investigation report (convening requests for investigation cooperation) - Application of the Acts and subordinate statutes governing requests for investigation cooperation;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, the proviso to Article 2 (1) 1 of the Act, Article 268 of the Criminal Act
1. The reason for sentencing under Article 62(1) of the Criminal Act is the background and degree of the instant crime, the part and degree of the victim’s injury, and the restoration of damage.