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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 engaging in C chartered Bus driving services.
around 06:00 on December 5, 2013, the Defendant came to proceed with the three-lane roads prior to the Adokdo Dok-dong, Sinsan-si, Sinsan-si, Sinsan-si, from the intersection to the intersection.
Since there is an intersection where a signal, etc. is installed, a person engaged in driving a motor vehicle is obliged to safely operate the motor vehicle in accordance with the signals and prevent the accident from smoke, despite the fact that there is a duty of care to prevent the accident, a person who is engaged in driving a motor vehicle, in violation of the signal, thereby causing injury, such as the "influence of the sway," etc., of the victim D (72 years old) driving, who was directly engaged in under the signals of the Simnab in accordance with the signals from the air-line mobile area where the signal of the emnab was entered the intersection in the state of red signal to the Gumsan-dong-dong empik, in violation of the signal.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D;
1. Application of Acts and subordinate statutes to the traffic accident investigation report and diagnosis report;
1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Road Traffic Act, Article 268 of the Criminal Act, the selection of imprisonment without prison labor, and the selection of punishment for the crime;
1. Article 62 (1) of the Criminal Act;
1. Sentencing Criteria for sentencing under Article 62-2 of the Criminal Act: Traffic crime, general traffic accident, Type 1 (Bodily Injury of traffic accident), basic area, imprisonment without prison labor for a period from 4 months to 10 months caused serious injury to the victim due to a traffic accident that occurred in violation of the new subparagraph.
On the other hand, the defendant recognized the violation of signal and expressed an attitude against it in the court, the vehicle driven by the defendant is subscribed to the mutual aid, and 2.5 million won was deposited to recover the damage of the victim.
In addition, the conditions of sentencing, such as the age, character and conduct, family relations, criminal records, the circumstances of this case, and the progress thereafter, shall be determined as the same sentence as the order.