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Defendant shall be punished by imprisonment without prison labor for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person engaging in driving a rocketing taxi.
On December 26, 2016, the Defendant driven the above taxi on December 19:13, 2016, and moved the three-distance road between the 22-lane 55 Sintaind City 7 and 6 complex in Daegu-dong-gu, Daegu-gu, bypassing the three-distance road from the 7st square village to the 1st square village of the inside.
However, there was a crosswalk, so in such a case, the driver of the motor vehicle had a duty of care to prevent the accident in advance by safely operating the crosswalk by checking whether there is a person who passed the crosswalk by reducing speed and checking the right and the right of the front.
Nevertheless, the Defendant neglected to do so and did not avoid the victim D who passed the crosswalk pursuant to the heading of the mash-on pedestrian safety when he was negligent in the course of his duty and received the victim as the front part of the said taxi, and caused the victim to suffer about 12 weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to survey reports and diagnostic certificates;
1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;
1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 1 (Bodily Injury resulting from Traffic Accidents) [Special mitigated Persons] The sentence shall be determined as per the Disposition, taking into account the following circumstances, such as the age, sex, family relation, home environment, motive and means of the crime, and circumstances after the crime, etc., of the following circumstances and the defendant’s age, sex, family relation, family environment, motive and means of the crime, etc.
The victim suffered severe damage due to the accident of this case.
A favorable circumstance: The defendant is only the victim.