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.

Punishment of the crime

The defendant is a person who is engaged in driving of the third cargo vehicle B.

On June 8, 2017, the Defendant driving of the above cargo vehicle around 12:55, and driving a two-lane of the front D in Incheon Bupyeong-gu, Incheon, at the direction of the Corporation from the direction of the off-distance to the direction of the Corporation, the Defendant proceeded at about 40km in the speed of the city.

On the one hand, there is a crosswalk where signal lights are installed, so it was confirmed whether a person engaged in driving of a motor vehicle has a right to reduce the speed for the person engaged in driving of the motor vehicle and to see the road well, and there was a duty of care to safely drive the motor vehicle in accordance with the traffic signals to prevent the accident in advance.

Nevertheless, the defendant neglected this and found the victim E (39 years) late to the left-hand side of the crosswalk using the crosswalk in accordance with the pedestrian signals due to the negligence of continuously proceeding at the same speed as the stop flaps, but failed to avoid it, and led the victim E (39 years) to go back to the ground. However, the defendant did not avoid it, but did not go to the right-hand side of the cargo of the defendant, and did not go to the left-hand side of the victim.

Ultimately, the Defendant suffered injury to the victim, such as pulverization in the right upper frame, which requires approximately 10 weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report, a photo of a screen fluor video fluor and a fireproof report (Securing an accident video);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] is the case where the illegality of the sentence in Article 3(2) proviso (excluding subparagraph 8) of the Act on the Special Cases of Class 1 (Bodily Injury by Traffic Accidents) is serious.