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Defendant shall be punished by imprisonment without prison labor for six 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 is engaged in the duty of driving the KS5 taxi.
On February 16, 2019, the Defendant driven the above taxi on February 16, 2019, and proceeding two lanes in front of the Daejeon Dong-gu C apartment shop, Daejeon along the two-lane road from the niven distance to the niven distance, and made it left left to the c apartment commercial building.
Since there are crosswalks where signal lights are installed on the front side, the person engaged in driving of a motor vehicle has a duty of care to check whether there is a pedestrian by reducing the speed and keeping the front door well, and to safely turn to the left according to the traffic signal in advance to prevent the accident.
Nevertheless, the defendant neglected this and found the victim D (the 38 years old) who crosses the crosswalk on the right side from the right side of the course to the green flickering signal while making a non-protective left-hand turn in violation of the signal even though the vehicle signal was stopped, and received the right side of the victim's taxi as the front side of the defendant's taxi.
Ultimately, the Defendant suffered from an injury in need of medical treatment between approximately 12 weeks due to the above occupational negligence, such as prone kne, etc.
Summary of Evidence
1. Defendant's legal statement;
1. Diagnosis certificates and reports on each investigation;
1. Application of Acts and subordinate statutes to the actual survey report;
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 for Criminal Facts, Article 268 of the Criminal Act, the selection of imprisonment without prison labor
1. The suspended sentence of Article 62(1) of the Criminal Act is based on the Defendant’s negligence, such as the violation of the Defendant’s signal signal, and the victim’s injury is serious, in light of the circumstances unfavorable to the victim, the victim’s letter was used from the victim, and the victim’s damage was most recovered or likely to be recovered as a result of being admitted to the mutual aid association, etc., and other records and arguments in the instant case, including the Defendant’s age, character and behavior, environment, family relationship, motive