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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving of B cargo vehicles.
피고인은 2016. 7. 2. 19:45경 위 화물차를 운전하여 서울 강남구 C 앞 도로 3차로를 뱅뱅 사거리 방면에서 강남세브란스병원 사거리 방면으로 불상의 속도로 진행하였다.
In such cases, the driver of a motor vehicle has a duty of care to ensure that the driver of a motor vehicle is well aware of traffic situation and safely drive the steering gear and brakes according to the traffic signal by accurately operating the steering gear and brakes so as to prevent traffic accidents.
Nevertheless, the Defendant neglected to do so, while entering the intersection in violation of the stop signal at a three-lane, and going to the left at the right turn in accordance with the left turn at the math and the left turn at the intersection, received the fixed side of the E-to-face operated by the victim D (the age of 24) who entered the intersection as the front side of the said cargo.
As a result, the Defendant suffered 14 weeks from the occupational negligence of the above 14 weeks from a brusium, which requires medical treatment to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Babbboxes and photographs to capture them;
1. Application of Acts and subordinate statutes (Evidence No. 11);
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. It is so decided as per Disposition for not less than Article 62(1) of the Criminal Act (i.e., the primary crime, the fact that the victim does not have the punishment for the defendant, and the fact that the victim seems to be contradictory to that of the defendant).