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.

Punishment of the crime

The Defendant is a person who is engaged in the operation of W125 wheeled Vehicle B owned by the Defendant.

Around 00:19 on March 15, 2020, the Defendant driven a son with the upper wheels, and had the front road in Songpa-gu Seoul Metropolitan Government D enter the intersection at a speed of the aesthetic distance, while driving along the three-lanes of the historical distance of the fall market from the luminous slope to the luminous intersection.

In such cases, a person engaged in driving of a two-wheeled vehicle has a duty of care to accurately operate steering wheels, brakes, and other devices, and to prevent accidents in advance by safely reporting the traffic situation of the two-wheeled vehicle.

Nevertheless, while the defendant neglected this and proceeded without finding the victim E (51) who was unable to wear the pedestrian signals at the crosswalks due to the above crossing, and the part on the right side of the victim's body was shocked by the driver's two sides.

Ultimately, the Defendant suffered injury to the victim, such as blood transfusion, due to the above occupational negligence, during approximately eight weeks of medical treatment.

Summary of Evidence

1. Application of Acts and subordinate statutes to the Defendant’s statutory statement diagnosis report, the actual condition survey report, and the investigation report on traffic accidents (CCTV video verification);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., conditions favorable to the following grounds for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Not more than five years of imprisonment without prison labor, the range of punishment of which is imposed;

2. The scope of recommended punishment according to the sentencing guidelines [the type of determination] shall be limited to traffic crimes in general, and where there occurs any injury among the types of One (the person causing a traffic accident) (the person causing a special sentencing): where there is a substantial negligence in the occurrence of a traffic accident or the expansion of damage to the victim.