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A defendant shall be punished by imprisonment 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
1. Around 16:40 on October 25, 2013, the Defendant violated the Road Traffic Act (free license) driven a B rocketing car with approximately one kilometer distance from the luminous Lighting-dong, Seoul, Guro-gu, to the 174-6 king Sloping Station without a driver’s license.
2. Around 16:40 on October 25, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) followed the three-lane of the fourth-lane of the 174-6 Mancheon-dong, Guro-gu, Guro-gu, Seoul, from the luminous side to the Myeongdong-si.
Since signals and crosswalks are installed on the front side, the driver has a duty of care to check out the front signal to the driver and proceed in accordance with the signal, and to check out whether there is a pedestrian walking on the crosswalk well.
Nevertheless, the Defendant neglected the above duty of care and took part of the bridge part of the victim C (the 71-year old age) who passed the crosswalk on the right side of the road in the direction of the course of the collision with the occupational negligence in contravention of the signal, and received the part of the bridge part in front of the left side of the car above.
The Defendant suffered injury to the victim due to such occupational negligence during approximately eight weeks of treatment, such as a sprinking of the right sprink, etc.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement prepared in C;
1. The actual condition survey report;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose the penalty for a crime, Article 3 (1), the proviso to Article 3 (2) 1, 6 and 7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;
1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that the defendant recognizes and reflects the crime, and that the defendant deposited two million won for the victim);
1. Order to attend lectures under Article 62-2 of the Criminal Act;