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Defendant shall be punished by imprisonment without prison labor for six months.
Reasons
Punishment of the crime
The Defendant is a person who is engaged in driving a rocketing car.
At around 11:00 on March 5, 2013, the Defendant, after Suwon-si Hospital in Suwon-si, was straightened in the direction of the Hosu-do elementary school from the long distance bank in the East-si.
In this case, the driver of the motor vehicle has a duty of care to safely drive the driver of the motor vehicle by accurately operating the steering wheel and brake system.
Nevertheless, the defendant neglected this and got the victim D (the age of 49, female) who walked on the right edge of the above road as the front part of the defendant's vehicle and went beyond the victim.
As a result, the Defendant suffered injury to the victim, such as pressure pressure, which requires approximately 12 weeks of medical treatment, due to the above occupational negligence, and caused the victim to have his/her permanent disability in slots, satisfactions, and spine.
Summary of Evidence
1. The defendant's partial statement in the second protocol of trial;
1. Witnesses D and E's respective legal statements;
1. A traffic accident report;
1. A medical certificate or a medical certificate for residual disability;
1. The Defendant and his defense counsel’s defense counsel’s assertion on a medical statement (whether serious injury) and the Defendant’s defense counsel asserted that the degree of injury inflicted on the victim due to the instant traffic accident does not fall under Article 4(1) proviso of the Act on Special Cases concerning the Settlement
In light of the evidence cited earlier, the victim can be recognized as having suffered permanent disability in the slots, satisfactions, and spine due to the instant traffic accident. Thus, it is determined that the victim constitutes “a case where a physical injury occurs or a incurable or incurable disease occurs” under the proviso of Article 4(1)2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents.
Therefore, the defendant and defense counsel's above assertion is not accepted.
Application of Statutes
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;