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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Criminal facts

The defendant is a person who is engaged in the driving of a cargo vehicle B.

On April 7, 2017, the Defendant driven the above cargo vehicle at around 10:35, and got the driver to turn to the right from the right edge of the Gu 1 Dong office located at 1762 Do-dong, 762, Seopo-gu, Busan, north-gu.

At all times, crosswalks are installed. In such cases, the driver of the motor vehicle has a duty of care to prevent accidents by checking whether there is a person in charge of driving the motor vehicle, driving the crosswalk safely, and driving the motor vehicle safely.

Nevertheless, the defendant neglected this and did not discover the victim C (I 75 years of age) who was standing a crosswalk from the right side of the defendant's proceeding to the left side, and received the victim from the front part of the cargo vehicle of the defendant and got the victim to go beyond the floor.

As a result, the Defendant suffered injury, such as 12 chests, which requires approximately eight weeks of medical treatment by occupational negligence as above, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a D traffic accident;

1. A traffic accident report;

1. Medical statements or replies to requests for cooperation in the affairs related to serious injuries;

1. Application of Acts and subordinate statutes on site photographs;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below)

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Scope of the recommended punishment on the sentencing criteria: From four months to one year [the types of decisions] traffic accidents in general, the basic area of the first type (the determination of the recommended area, the scope of the recommended punishment], the basic area of the punishment, four months to one year.

3. In the case of the traffic accident of this case, the judgment of the sentence shall contain the fault of the defendant, who is the shocking of pedestrians who walk the crosswalk.