Text
Defendant shall be punished by imprisonment without prison labor for eight 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
The Defendant is a person who is engaged in driving a wing and cargo vehicle B.
On May 28, 2016, the Defendant driven the above cargo vehicle around 14:30, while driving the front road in front of the Jinanan-gun, Jinan-gun at a speed of 20 km per hour from the west to the Jinan-gun, Jin-gun, the Defendant had a duty of care to prevent accidents in advance by temporarily stopping the above cargo vehicle or by making a left-hand turn after the passage of the above two-wheeled vehicle.
Nevertheless, the Defendant neglected this and neglected to turn to the left, caused the injury to the victim by shocking the front part of the said two-wheeled vehicle on the top of the steering part of the said two-wheeled vehicle, which requires treatment for about 32 weeks, and suffered injury to the victim, such as subconvene, due to the damage to the subconvenary root.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of F, G, and D;
1. A traffic accident report and a report on the occurrence of a traffic accident;
1. Each investigation report (related to checking the health status of a victim, visit and investigation, and whether a victim is seriously injured);
1. A copy of a commission letter, medical opinion, and medical certificate;
1. Application of statutes on field photographs;
1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts; Article 268 of the Criminal Act; Selection of imprisonment without labor;
1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);
1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] General Traffic Accidents in Type 1 (Death resulting from Traffic Accidents) (Type 1) where a basic area (Type 4-1) (including a person under special mitigation) causes a serious injury (type 1) [Special Mitigation] [ extent of sentence comparison between punishment and recommended punishment: April 1 (Pronouncement Decision] - Circumstances unfavorable to the defendant: The above special person (a serious injury).