Defendant shall be punished by imprisonment without prison labor for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 4, 2019, the Defendant, who is engaged in the operation of the Ortoba, was driving the Ortoba on the above Oba on February 21, 2019, and continued to drive the Obaba, from the underground level of the roads near Yangcheon-gu Seoul Metropolitan Government to the Obaba.

At all times, there is a pedestrian crossing with signal apparatus, so in such cases, there was a duty of care to keep the signal to the person engaged in driving duty well so as not to conflict with pedestrians, etc.

Nevertheless, the Defendant neglected the above duty of care and caused the victim D(72 years of age) who dried a crosswalk in accordance with the pedestrian signals by negligence in contravention of the red stop signal.

As a result, the defendant caused the victim's injury by his occupational negligence, such as the thmath of the left-hand side requiring treatment of the fourth to the fourth to five weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of a traffic accident in DNA preparation;

1. A survey report on actual condition, a investigation report (a CCTV image analysis for a crime prevention), an investigation report (an investigation of a violation of duty to protect pedestrians);

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. According to the suspended sentence Article 62(1) of the Criminal Act, the conditions of various kinds of sentencing indicated in the arguments of this case, such as cases of causing traffic accidents on the grounds of sentencing, the degree of illegality of the defendant's negligence related to the accident, the degree and degree of injury, the same criminal records and three times (one time of suspended sentence, one time of suspended sentence), and the agreement, etc., shall be equally taken into account within the scope of the recommended sentencing guidelines of the Sentencing Commission (4 to 1 year of imprisonment without prison labor) in the basic area of traffic accidents (where there is a heavy penalty surcharge of / aggravated factor: a case where illegality is committed).

It is so decided as per Disposition for the above reasons.