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Defendant shall be punished by imprisonment without prison labor for not less than five months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.
On December 8, 2017, the Defendant driven the above car at around 17:05, and led D's front of the D's pharmacy in Seopopo City C, Seopopo City, to the front of the D'.
At this point, there is a crosswalk in which a signal, etc. is installed, so it is well examined whether a person engaged in driving the motor vehicle is a pedestrian driving the motor vehicle, and if a pedestrian passes the crosswalk, he/she has a duty of care to temporarily stop in front of the crosswalk and prevent the accident from occurring.
Nevertheless, Defendant E (52) who had passed a crosswalk due to the negligence of failing to perform the above duty of care, was the victim E (52) who had passed the crosswalk pursuant to the pedestrian signals, as the front part of the said car.
Ultimately, the Defendant suffered injury to the victim, such as the mouth of the upper part of the upper part of the lower part of the 10th left ske in need of treatment, due to the above occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Reports (1), (2) on traffic accidents;
1. E statements;
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 under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, and selection of imprisonment with prison labor;
1. Considering the favorable circumstances, such as the fact that the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is recognized and contradictory to the sentencing, the first way, and the fact that the Defendant’s driver’s vehicle is insured by the sirens Mutual Aid Association, and the damage to the victim is likely to be recovered through this, etc.
However, it shall be considered that the victim who walk the crosswalk was shocked, that the defendant started to build the crosswalk immediately before the defendant enters the crosswalk, and that the degree of injury, etc. is disadvantageous.
In this regard, all the sentencing conditions of Article 51 of the Criminal Code, such as the defendant's age, sex, and environment, are imposed.