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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a B mother car.
On March 2, 2019, the Defendant driven a car with the upper motherhouse around 01:42, and driven the front road of Yeonsu-gu Incheon Metropolitan City C along the four-lanes from the second intersection of the transmission road to D.
At the time, the signal apparatus and crosswalk are installed at night, so in such a case, there was a duty of care to keep the person engaged in driving duty well in the signal and to keep the surroundings from collision with the pedestrian.
Nevertheless, the Defendant neglected the above duty of care and went into the right side of the victim E (38 years of age) who crosses the crosswalk from the left side of the Defendant’s front side in accordance with the pedestrian signals by negligence in contravention of the signal, and thereby, took the front side of the said car.
Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim, such as the crossing rupture, which requires approximately eight weeks of medical treatment, and escaped without taking necessary measures, such as aiding the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. The police statement concerning F;
1. The actual condition survey report and photographs of vehicles;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with labor for the crime;
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;
1. The scope of the recommended punishment according to the sentencing guidelines [the decision of type] shall be limited to the range of the recommended punishment according to the sentencing guidelines [the first type] after traffic accident, [the special person] escape [including a serious effort to recover damage]. The mitigation area of punishment (including the recommended area and the scope of the recommended punishment], six months to one year [the scope of the recommended punishment corrected by the applicable sentences].