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Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above punishment shall be suspended for a period of 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 of a multi-user car.
On August 8, 2016, the Defendant, around 17:31, Seo-gu, Seo-gu, Daejeon, with the speed of 00,000 that of 4-lane A, along the four-lanes from the direction of the Hancheon-gu Duk River, proceeded at an insular speed.
Since there is an intersection where signal lights are installed at the front of that place, there was a duty of care to prevent accidents in advance by keeping the traffic signal well to a person engaged in driving service, by keeping the front door and the left door well, and driving safely.
Nevertheless, the Defendant neglected this and went through the crosswalk by driving a bicycle on the side of the Mancheon, which is located on the side of the Mancheon, while neglecting it, and received the part of the bicycle left side of the victim C (the 27 years old) who passed the crosswalk as the front part of the Defendant’s vehicle.
Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the cutting off of the front wall of the left-hand bank, which requires approximately 13 weeks medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A traffic accident report;
1. Each written diagnosis;
1. Application of the Act and subordinate statutes to investigation reports (Attachment to CDAs);
1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the Suspension of Execution (with no history of criminal punishment for the last thirty years, taking into account the fact that there exists no history of criminal punishment for the last thirty years, the fact that relief measures have been taken after an accident, the vehicle driven by the defendant is covered by the comprehensive automobile insurance, the fact that the injured person does not want criminal punishment
1. An order to attend a course under Article 62-2 of the Criminal Act;