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.

Punishment of the crime

The defendant is a person who is engaged in driving a benz car.

On April 5, 2019, the Defendant driven the above car on April 17:25, 2019, and came to the speed of about 60km at a speed of 60km per hour depending on the air-section of Dongdaemun-gu, Dongdaemun-gu, Seoul.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle in a safe way according to the traffic signal.

Nevertheless, the Defendant neglected this and entered the intersection due to the occupational negligence of entering the intersection in violation of the signal even though the traffic signal was red, and the victim C(37 years old) operated on the left side from the right side of the running direction of the Defendant by entering the intersection in accordance with green signals, received the two-wheeled automobile as the front part of the said car.

Accordingly, the Defendant suffered injury to the victim, such as a felring, which requires approximately 12 weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on investigation (verifications and CCTVs);

1. The actual survey report on traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general traffic accident category I (the injury resulting from traffic accident) (one month to eight months) (including special mitigation) and the area of mitigation (including serious efforts to recover damage);

2. The defendant, who has violated the signal, caused a traffic accident by entering the intersection, thereby causing about 12 weeks of injury to the victim.