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A defendant shall be punished by imprisonment for not more than ten 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 W125 Orala driving.
On October 29, 2020, the Defendant driven the off-to-land area around 18:30 on October 29, 2020, and led the front road of the Busan Northern-gu apartment C apartment to C apartment room from the area of the D church, and proceeded at a speed of 49.7 km per hour.
Since there are children's protection zones where signal, etc. is installed, in such cases, the driver of the motor vehicle has a duty of care to check whether there is a child, and to safely drive the crosswalk by driving the motor vehicle in accordance with the new code.
Nevertheless, due to the negligence of neglecting this, the Defendant got the victim E (the remaining, 7 years old) who was standing on the left side from the right side of the Defendant’s proceeding to the left side, and was driving by the Defendant, with the front wheels of the Defendant Otoba.
Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the right-hand pelvisor, which requires approximately 12 weeks medical treatment.
Summary of Evidence
1. Application of Acts and subordinate statutes to the defendant's legal statement investigation report (in the case of attaching a children protection card), investigation report (in the case of securing ctv images, etc.), investigation report (in the case of securing ctv images)
1. Article 5-13 subparagraph 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 3-1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 268 of the Criminal Act, the choice of imprisonment with prison labor;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act;
1. Scope of punishment by law: Imprisonment with prison labor for six months to seven years;
2. Scope of recommended sentences according to the sentencing criteria: Offenses for which the sentencing criteria are not set;
3. The sentence shall be rendered in the following circumstances and the age of the defendant: