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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The defendant is a person who is engaged in the driving of a D Poter cargo vehicle.
On June 8, 2015, the Defendant driven the above vehicle at around 17:30 on June 17, 2015, and driven the above vehicle at the crosswalk 4nd from the side of the Liberian hotel to the direction of the Pungsan-dong, Nam-gu.
At the time, when the pedestrian signal of the crosswalk is changed from green to red, etc., or immediately after the change, the indictment shall be deemed to be “when the signal of the pedestrian is changed to red, etc. in green, etc.” but it can be acknowledged by the evidence duly adopted and investigated by this court.
In light of the progress of the trial of this case, the defendant did not suffer substantial disadvantage in exercising his right to defense.
Since it is determined, it is recognized as above by its authority without being required to modify the indictment.
Therefore, in such a case, a person engaged in driving of a motor vehicle has a duty of care to check whether there is a pedestrian who has failed to walk the crosswalk, and to safely drive the motor vehicle so as to prevent the accident.
Nevertheless, the Defendant neglected this and went on the front bank crosswalk due to his negligence, and was found to have been on the left side of the victim E(80) to have loaded the above cargo vehicle on which the Defendant drives.
Ultimately, even if the Defendant suffered from an injury, such as elbane salt, etc. on the left-hand side, due to the above occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victimized person.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness F and E;
1. An investigation report (Evidence No. 24);
1. The CD screen image attached to the investigation report (Evidence No. 12);
1. Submission of a survey report on actual condition, an accident scene photograph, a traffic accident occurrence report, operating information on intersections, cross-section photographs, and traffic signal system data;
1. The application of the law of the medical certificate.