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.

Punishment of the crime

The defendant is a person who is engaged in driving a B-learning car.

On December 18, 2018, the Defendant driven the above car on 08:58 on December 18, 2018, and proceeded the front road of Busan in Seocheon-si with the view to the shooting distance of the Office of Education in the middle death distance.

At this point, it is designated as a children protection zone, and the signal lights and crosswalks are installed, so in such cases, the driver of the motor vehicle has the duty of care to safely drive the motor vehicle in accordance with the signals by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected this and received the victim D (the age of 11) who crosses the crosswalk in accordance with the time-mash signals as the front part of the said car by negligence in the course of the business of driving the crosswalk in violation of the signal.

Ultimately, the Defendant suffered injury to the victim, such as cutting the right frame, which requires medical treatment for about 12 weeks, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. The actual condition survey report and photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) 1, 6, and 11 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor, Article 268 of the Criminal Act concerning criminal facts, and Article 3 (1)

1. The reason for sentencing under Article 62(1)(a) of the Criminal Act on the suspended sentence [Scope of Recommendation] The basic area (special mitigation) (special mitigation) of types 1 of traffic accidents (special mitigation) and the basic area (special mitigation) / Where illegality in the proviso of Article 3(2) of the Specialized School Act (aggravated decision) is serious (aggravated decision] / The defendant's act of causing serious injury to the victim who has walked on the crosswalk in violation of traffic signal at a place designated as a children protection zone and caused him/her to suffer about 12 weeks of heavy medical treatment.