The punishment of the accused shall be determined by the imprisonment without prison labor for four months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in driving a BM5 car.

On December 13, 2019, the Defendant driven the above vehicle at around 10:40, and driven the front of the D Licensed Real Estate Agent C located in Southern-gu, Seoul at the port of port along the two-lanes from the Ecarta to F.

Since there is a place in which a crosswalk is installed, the driver has a duty of care to temporarily stop in the crosswalk so as not to obstruct or endanger the passage of pedestrians when pedestrians pass the crosswalk.

Nevertheless, at the time of the negligence that the defendant neglected this and proceeded on the crosswalk, the victim G (the age of 80) was the front part of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as the abandonment of the upper part of the body in need of treatment for about seven weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition survey report;

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 6 of the Act on Special Cases concerning Settlement of Traffic Accidents According to the relevant Acts concerning facts constituting an offense, and Article 268 of the Criminal Act.

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing criteria: General traffic accident [Type 1] there is no person causing a traffic accident [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range], basic area, April through one year without prison labor.

3. Selection of a sentence of imprisonment without prison labor in consideration of the fact that the defendant's negligence and the result of damage are heavy, that there is a previous conviction of a fine for the same kind, that there is no agreement with the victim, and that the defendant reflects the error in depth, and that the vehicle of the defendant is covered by a comprehensive insurance;