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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 a period of 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 a C Poter cargo vehicle.
On November 24, 2017, the Defendant driven the above cargo vehicles around 13:30 on November 24, 2017, and led to the passage of the three front roads of the Hanyang apartment in 1089, as the Songpa-gu Seoul Songpa-gu Seoul, to the conservation of the Han-gu apartment.
At the same time, there are no signal lights at the front door, and the safety signs for temporary suspension are installed, so a person engaged in driving of a motor vehicle was obliged to temporarily stop according to the above safety signs and to prevent the accident in advance by driving the crosswalk.
Nevertheless, the Defendant neglected this and did not temporarily stop in front of the crosswalk, and did not look at the front right and the right and the right and passed the crosswalk as it is, and brought the victim D(82) to the right and the right of the crosswalk from the left side.
As a result, the Defendant suffered injury to the victim, such as an injury to the right-side in the middle of the 8 weeks of medical treatment, due to the above occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation report (victim D and telephone);
1. On-site photographs and vehicle photographs;
1. A survey report on actual conditions;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;
1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the following defendants):
1. The circumstances favorable to the defendant for sentencing under Article 62-2 of the Criminal Code of the Order to Attend Education (the fact that the crime of this case is recognized and reflected, the fact that there is no extra criminal record once a fine is imposed, the fact that the defendant has violated traffic laws and regulations, the victim is governance on the crosswalk on the bicycle, and the driver has no criminal agreement) and unfavorable circumstances (the fact that the victim has failed to reach a criminal agreement).