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Defendant shall be punished by imprisonment without prison labor for six months.
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 of B cargo vehicles.
On November 11, 2013, the Defendant driven the said vehicle from the Yacheon-dong located in the Yacheon-si, Seocheon-si, Seocheon-do, and led to the king from the Seosan Medical Center.
At this point, there was an intersection where signal lights are installed, so in such a case, there was a duty of care to check whether a person engaged in the vehicle driving duty has a vehicle driving by checking the front and rear left, and to prevent the accident in advance by safely proceeding in accordance with the new code.
Nevertheless, the Defendant neglected this and received D C C C-T10 motorcycles driving from the west to the west, which was driven by the victim C(year 72) who was normally driven from the west, in accordance with the signals, due to the negligence of proceeding the red signal as it is.
As above, the Defendant suffered from an injury to the victim due to occupational negligence, such as sexual cerebral cerebral cerebral le, which requires approximately eight weeks medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. The actual survey report on traffic accidents;
1. A medical certificate;
1. Application of statutes on site photographs;
1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., committed the instant accident while proceeding in violation of the intersection signal, and thus, the Defendant’s negligence is not weak.
However, the defendant reflects his mistake in depth, the defendant deposited KRW 10 million for the victim on May 2, 2014, and considering the circumstances favorable to the defendant that the defendant did not have any particular criminal record in light of the circumstances where the accident of this case occurred.