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Defendant shall be punished by imprisonment without prison labor for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who is engaged in driving a EXE car.
On February 19, 2014, the Defendant driven the said car at a speed of about 60 kilometers from 20:45 to 60 kilometers from the 19:00 Hun-ro, Gangnam-gu, Seoul, the 6-lane road prior to the 645 Dolled School at the 13th Hun-ro, Gangnam-gu, Seoul.
Since there is a signal apparatus and crosswalk installed, in such a case, the driver of the vehicle has a duty of care to prevent accidents by safely driving the vehicle by complying with signal signals and checking whether or not there is any person to wear the crosswalks.
Nevertheless, the Defendant did not discover the victim D (here 14 years old) who dried the crosswalk from the right side of the Defendant’s proceeding to the left side in accordance with the signal signal signals, while neglecting the red signal to stop, and did not discover the victim D (here 14 years old) and was placed a part of the front part of the Defendant’s vehicle.
Ultimately, the Defendant suffered serious injury from cerebrovascular transfusion, where the victim could not know the number of days of treatment due to such occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of E and F;
1. The actual condition survey report;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Applicable provisions of Acts to facts constituting an offense and provisions of Article 3 (1), the proviso to Article 3 (2) 1 and 6, and Article 4 (1) 2 of the Act on Special Cases concerning the Selection and Handling of Traffic Accidents and Punishment, Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Scope of Recommendation] In the case of a general traffic accident Type 1 (Death resulting from Traffic Accidents), the aggravated area (8 to 16 months) (special mitigation) (special mitigation) and a serious injury occurred, the illegality of the proviso of Article 3(2) of the Specialized School Act is serious (the decision of sentence] [the decision of sentence] in the case of a imprisonment without prison labor for one year, the imprisonment without prison labor for not less than two years, and one fine, and the comprehensive motor vehicle insurance is subscribed.