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Defendant shall be punished by imprisonment without prison labor for four months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who drives a low-speed car.
On December 17, 2019, the Defendant driven the above car at around 17:25 on December 17, 2019, and proceeded to turn to the left right at about 20 km of Si speed from the front of the apartment apartment C in the e elementary school located in D from the e school located in the e-Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu.
Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving a motor vehicle has a road by reducing the speed and by properly examining the front side and the right and the right of the motor vehicle and to drive the motor vehicle safely.
Nevertheless, the Defendant neglected this and proceeded along as is, by negligence, received the victim F (the age of 65) who cross the crosswalk from the left-hand side to the right-hand side pursuant to the pedestrian signals as the front-hand part of the said car.
Ultimately, the Defendant suffered injury to the victim, such as 4, 5, double-stopulver pulver pulver pulver pulver pule, which requires approximately 10 weeks of treatment, due to the above occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. A statement of the occurrence of a traffic accident of F;
1. A medical certificate;
1. Application of Acts and subordinate statutes on the actual condition of traffic accidents, report on the occurrence of traffic accidents, and site photographs;
1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Sentencing criteria [Scope of Recommendation] General traffic accident category 1 (Bodily Injury resulting from Traffic Accidents) (one to eight months) (including specially mitigated persons), the area of mitigation (including serious efforts to recover damage);
2. The Defendant, who was sentenced to a sentence, has shocked the victim on the face of the crosswalk, and the degree of violation of the duty of care cannot be deemed to be minor.
The degree of injury suffered by the victim is very heavy.
However, the defendant is the first offender who has not been subject to criminal punishment, recognizes his/her mistake and reflects his/her depth.