Text
Defendant shall be punished by imprisonment without prison labor for eight months.
Reasons
Punishment of the crime
On March 19, 2015, the Defendant, who is engaged in driving a small-scale vehicle E, was driving the above vehicle around 17:30 on March 19, 2015, and was driving in front of the Cheongyang-gun, U.S. 586 on the Cheongyang-gun, Ulsan-do, U.S. P.C. 586 on the Cheongyang-gun.
The location is a narrow sloping road where pedestrians are concentrated and pedestrians are in many places. In such a case, a person engaged in driving service has a duty of care to safely drive while driving on the front side and the right side.
Nevertheless, the defendant neglected this and got the victim F (65 years old) who walked along the road on the front of the vehicle to go beyond the ground by taking the front glass of the vehicle.
As a result, the Defendant suffered injury to the victim due to the above occupational negligence during the course of treatment so that he was suffering from serious injury to the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report, a report on actual condition investigation, and on-site photographs;
1. CCTV-recording photographs of the CCTV data;
1. A medical certificate;
1. Investigation report (a statement of the rehabilitation medical doctor at the Ulsan National University Hospital);
1. Comprehensive traffic accident analysis report by the Road Traffic Authority;
1. Application of Acts and subordinate statutes to each investigation report (No. 18, 19) at a moment;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;
1. The reason for sentencing of an alternative imprisonment without prison labor [the scope of recommendation] general traffic accident [the ground for sentencing of an alternative imprisonment without prison labor] shall be determined as per the order in consideration of the following factors: (a) in the case of injury in the area of increase (for August to one year and six months) [the person subject to special aggravated punishment] [the decision of sentencing] [the degree of injury in the victim is heavy] and the victim's side is not agreed upon; (b) in the case of automobile comprehensive insurance; (c) in the case of being admitted to the crime; (d) in the case of being admitted to the automobile comprehensive insurance; (d) deposit of KRW 20 million for the victim; and (e) in the case of the victim's age, etc.
except as above.