Defendant shall be punished by imprisonment without prison labor for not less than five 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

On July 9, 2015, the Defendant is a person who is engaged in driving B Poter Cargo Vehicles. On July 15:30, 2015, the Defendant was driving the Poter Freight, and was going to turn to the left at one lane between the two lanes in the south-gu Incheon Metropolitan City, Nam-dong, Seo-gu, Incheon, the intersection of the private distance in front of the Nam-gu, Seo-gu, Incheon.

Since there is a 4-distance intersection with signal lights and crosswalks, a person engaged in driving of a motor vehicle has a duty of care to live the front door well and to prevent accidents in advance by safely driving the motor vehicle in accordance with signals.

Nevertheless, the Defendant neglected this and caused the victim C (V, 52 years old) who walked above the crosswalk pursuant to the pedestrian signals due to the negligence of left-hand turn in violation of the signal, to go beyond the front left-hand side of the cargo vehicle of the Defendant, and caused the victim to suffer the injury of the victim, such as the blood species, the blood ties, etc. on the left-hand side of the upper-hand side of the water that requires about eight weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the order to attend a lecture [decision of types] for general traffic accidents (the person causing a traffic accident) - In case where the illegality of the proviso of Article 3(2) of the Act on Special Cases concerning the Improvement of Aggravations is serious (including efforts to recover damage), the basic area [decision of the recommended area] 4 to 10 months [the scope of recommendation] - In case where there is serious injury, which is not serious injury to the comprehensive motor vehicle insurance for mitigation factors (the scope of punishment) - In case where there is a serious injury, which is not serious injury to the aggregate motor vehicle accident (the scope of punishment) / [the scope of punishment].