Defendant shall be punished by imprisonment without prison labor for four 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

Around 03:50 on March 29, 2013, the Defendant driven a BSU125 V motor bicycle and proceeded to a slope from the SU125-82-on the front line of the 585-82-on-road (Seoul Special Metropolitan City, Nowon-gu) at night, and thus, at night, the Defendant was at night, who is obliged to safely drive the motor vehicle and prevent the accident by driving the motor vehicle in advance. However, despite the duty of care, the Defendant did not find the victim C (71 years and women) who opened the road on the right side from the left side of the running direction due to the negligent negligence and did not find the victim C (71 years and women) who opened the road on the right side from the left side of the motor bicycle driving by the Defendant, and caused the victim to suffer injury, such as the upper part of the upper part of the road requiring treatment for about 8 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Statement of the actual survey report;

1. Application of each statute to each written diagnosis;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances favorable to the reasons for sentencing as follows);

1. The scope of the recommended sentence according to the sentencing guidelines / [type] traffic crime group, general traffic accidents, injury (type 1): Reduction element of traffic accidents: Where the victim has a substantial negligence in the occurrence of traffic accidents (the scope of the recommended sentence] by the victim, the victim shall be punished by imprisonment without prison labor for not more than six months (the area of mitigation);

2. In light of the fact that the degree of injury of the victim in the decision of sentence is serious and that there is no agreement with the victim, the liability for the crime is not easy, but the defendant is the primary offender, the confession of the crime is the victim, the victim is also responsible for the occurrence of the traffic accident as crossing the road without permission at night, and the defendant is driving.