Defendant shall be punished by imprisonment without prison labor for six 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 a CM5 car.

On March 15, 2018, the Defendant driven the above vehicle at around 12:45, and applied the two-lane road in front of Dongdaemun-gu Seoul Metropolitan Government D along the two-lanes from the “egrix intersection” side to the “egroid intersection” side, and caused the Defendant to suffer injury, such as “the victim E (54 years old, female) who crosses the right from the left side of the Defendant’s vehicle to the right side in the crosswalk pursuant to the pedestrian signals, due to the negligence of violating the obligation at the front side of the road at the front side, and went to the right side in the crosswalk pursuant to the pedestrian signals.”

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. The actual investigation report on traffic accidents;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accidents;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and Article 268 of the Criminal Act concerning the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] The area of mitigation (one month to eight months) (including special mitigation) [including efforts to recover damage] of the area where pedestrians need to be absolutely protected at crosswalks.

Although the defendant should not enter the crosswalk and turn on pedestrian signal, the defendant caused a traffic accident that causes the damaged person by making the unprotective left-hand turn on the two-lane, and the crime is not good and the degree of damage of the injured person is excessive, although the defendant is a first offender, he will choose a imprisonment without prison labor.

On the other hand, vehicles operated by the defendant are covered by a comprehensive insurance, and the defendant separates and reflects his fault, and above all, the injured person does not want to be punished by the defendant by mutual consent with the victim.