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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.
Reasons
Punishment of the crime
The Defendant is a person who is engaged in driving a multilateral car.
On November 2, 2014, at around 17:45, the Defendant driven the above 12-way 11-way Manyang-ro, Dongjak-gu, Seoul, to turn to the left while driving on the right-hand apartment from the right-hand side.
Since a house is a road, there was a duty of care to check whether a person passes and safely turn to the left prior to the left-hand turn to a person engaged in driving service, and to safely turn to the left and prevent the accident in advance.
Nevertheless, the Defendant did not discover the victim C (77 years of age) who is walking on the left side of the Defendant’s side while neglecting to turn to the left without any negligence, and did not see the victim C (7 years of age) on the left side of the Defendant’s seat, and had the victim go beyond the floor by shocking the shoulder side of the Defendant’s seat.
As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately six weeks of medical treatment, such as L3 parts, which require medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. C’s statement;
1. The actual survey report on traffic accidents;
1. Photographs;
1. Application of Acts and subordinate statutes of a medical certificate;
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. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the penology and the fact that there is no criminal record of imprisonment without prison labor or any heavier punishment);