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Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above punishment shall be suspended for a period of 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 Obane.
On December 9, 2016, the Defendant driven the off-to-face 20:55 on December 2016, 2016, and driven the off-to-face 437-lane road at the Sinsan-si University, Busan-si, with the pressure volume devison distance from the pressure pressure level to the four-lanes.
At the time, there is a crosswalk where signal lights are installed at night, so there was a duty of care to check whether a person engaged in driving service is a person who gets on the way to reduce the speed and to see well the right and the right and the right and the right of the person, and to drive safely in accordance with the new subparagraph.
Nevertheless, the Defendant neglected this and proceeded with the vehicle driving signal to a stop signal, disregarding the fact that the vehicle driving signal is changed to the stop signal, and caused the crosswalk to be cut off to the ground by cutting off the body of the victim C(58 tax).
Ultimately, the Defendant suffered approximately eight weeks of treatment due to the above occupational negligence, resulting in a scarcity of a scarke wall that needs to be treated.
Summary of Evidence
1. Statement of the defendant in the third public trial records;
1. C’s statement;
1. A report on occurrence and a report on actual condition;
1. Accident video;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommending punishment] There is no basic area (four months to one year) (the person subject to special sentencing) [the sentence] [the decision of sentence] imprisonment with prison labor for eight months, or for two years subject to suspended sentence: damage.
The agreement was not reached.
The favorable circumstances: There is no record of crime exceeding the fine.