Text
Defendant shall be punished by imprisonment without prison labor for six months.
Reasons
Punishment of the crime
The defendant is a person engaged in the operation of a AJ car.
On August 28, 2015, the Defendant driven the above car at around 1:35, and led directly to the large square on the side of the remote distance where the Defendant used the AL in front of the AL located in Gwangju Dong-gu, Gwangju.
Since a crosswalk is installed at a front door, there was a duty of care to prevent accidents in advance by driving a motor vehicle safely after checking the front door to a person engaged in the business of driving the motor vehicle and checking whether a pedestrian is a pedestrian.
Nevertheless, the Defendant neglected this and did not discover the victim AM (M, 37 years old) who dried the crosswalk due to negligence when he neglected to do so, and received the part of the victim's left side knee with the passenger car of the Defendant.
After all, the Defendant suffered injury to the victim due to the above occupational negligence, such as taking approximately 16 weeks of medical treatment, such as cutting the left-hand flaps, bones, etc.
Summary of Evidence
1. Statement by the defendant in court;
1. AM written statement;
1. A survey report on actual condition (1) (2);
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant legal provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (1) and the proviso to Article 2, Article 2 and Article 268 of the Criminal Act concerning criminal facts, the grounds for sentencing;
1. Scope of applicable sentences by law: One month to five years; and
2. Scope of the recommended punishment according to the sentencing guidelines: The basic area (from April to October) of the type of general traffic accident (the scope of the recommended punishment) shall not be between four months to ten months (the scope of the recommended punishment) of the credit cooperative.
3. The sentence shall be determined as ordered in light of all the sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, sex, environment, health conditions, circumstances after the commission of the crime, etc., in the major normal relationship to be considered below the sentence.
Normal relationship that is disadvantageous to the victim: A victim suffers very serious injury.
The injured party is trying to severely punish the defendant.
A favorable normal relationship: