Defendant shall be punished by imprisonment without prison labor for eight 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 engaging in driving a C-si.

On December 21, 2016, the Defendant driven the above taxi at a speed of 79.3 km per hour from the entrance of the pipe to the intersection at a speed of 79.3 km per hour at the speed of 380 km in front of the Busan East-gu, Busan-do, which is located at the center of Busan-do.

There are 60 km roads at a speed of 80 km, or night and rain at the time, so that a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by checking the right and the right and the right and the right at the speed of 20 km so that the person engaged in driving of the motor vehicle has a duty of care to safely drive the motor vehicle by lowering the speed of 20%.

Nevertheless, the Defendant neglected this and proceeded at a speed of 79.3km a speed exceeding 20km a speed of 79.3km a speed, and did not discover the victim D (34 cm) who illegally crossed the above road from the 119 Safety Center to the Busan Jin Station due to the negligence that did not look at the front of the road. The Defendant was the victim in front of the above taxi.

As a result, the defendant suffered brain ties that require about 10 weeks of medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) (2) , an investigation report (Attachment to a visual closure), an investigation report (Attachment to a photograph, etc.), operating log analysis, response to results of the investigation and analysis of a traffic accident, and an investigation report (Attachment to the current status of operating speed of a motor vehicle);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate);

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)3 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is the case where the victim suffered significant injury, and the degree of negligence of the defendant is relatively heavy. However, the defendant reflects the crime, there has been no previous conviction for the past 20 years, circumstances of the accident, and other ages and ages of the defendant.