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Defendant shall be punished by imprisonment without prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person engaging in driving a Belgium car.
On March 26, 2019, at around 23:20, the Defendant proceeded at a speed of about 111.1km from the distance of flying dust to the distance of playground, along the two-lanes from the distance of flying dust.
At that time, there was a limit of 60 km per hour, so there was a duty of care to prevent accidents by complying with the speed limit and operating the vehicle in good manner to the person engaged in driving business.
Nevertheless, the Defendant neglected this and caused the restriction speed to go beyond 51.1km by the negligence of her own speed exceeding 51.1km, and caused the front edge part of the victim C(23 years old) driving DCA110 motor bicycles to turn to the left from the distance of scattering.
As a result, the Defendant suffered injury to the victim, such as “abstinating the brut movement on the left side,” which requires approximately 14 weeks of medical treatment due to such occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of suspect C by the prosecution;
1. A traffic accident report;
1. Responses to traffic accident analysis results;
1. A medical certificate (C);
1. Application of the Acts and subordinate statutes to photograph photographs of vehicles and CCTV images in the intersection of the intersection distance;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and Article 2
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. Scope of applicable sentences under law: From one month to five years of credit cooperatives;
2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic accidents in general, elements to mitigate types 1 (the injury by special person) (the injury by special person) shall also be the victim of traffic accidents;