Defendant shall be punished by imprisonment without prison labor for ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On August 21, 2013, the Defendant driven a bicycle as of August 18, 2013, while driving the bicycle at the same time and driving the bicycle at a shot side of the waste treatment plant located in the pyro-gu, Sungnam-gu, Sungnam-si, Seoul at a dives speed, and passing ahead.

In such cases, a person engaged in driving of bicycles has paid due care to the traffic of opposite direction and the traffic of preceding bicycles, and has a duty of care to overtake at a safe speed and method depending on the speed and course of preceding bicycles and other road conditions.

Nevertheless, the Defendant neglected this and received the Defendant’s bicycle riding of the victim D(56 years old) (56 years old) who was driving in the direction of the Defendant’s running in the case of a sudden overtaking of the preceding C driver’s bicycle on the Defendant’s driving lane.

As a result, the Defendant caused the victim to suffer injury, such as the injury to the state of credit with which the number of treatment days cannot be known, due to such occupational negligence, and at the same time damaged the bicycle owned by the victim to have the amount equivalent to KRW 2,387,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by the prosecution E and C among the interrogation records of the accused;

1. A written statement of D (investigative records No. 75 pages);

1. The actual survey report and the traffic accident report;

1. A report on internal investigation:

1. Medical certificate (the examination record No. 67 pages);

1. Application of the Acts and subordinate statutes governing GPS records and field photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, and choice of imprisonment without prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The injury suffered by the victim due to the Defendant’s instant crime for the reason of sentencing under Article 62(1) of the Criminal Act (see the following reasons for sentencing) is very serious.