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Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a wing and cargo vehicle B.
On March 31, 2015, the Defendant driven the above cargo vehicles at around 17:30 on March 31, 2015, and became the left-hand turn to the front side of the Sung-gu Seongbuk-gu, Seongbuk-gu, Seocheon-gu, Seocheon-gu.
In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as complying with the traffic signal, thoroughly operating the front-round vision, accurately operating the steering direction and brake system of the motor vehicle, etc.
Nevertheless, the Defendant, while making a left-hand turn without disregarding the signal, was placed at the front side of the victim C(56 years old) driving, who had the right-hand turn in the front side of the car with the victim C(56 years old), who had the right-hand turn at the low-level intersection from the cross-section to the lower-level intersection.
As a result, the Defendant caused the victim to suffer injury, such as brain-dead, which requires medical treatment for about three weeks due to such occupational negligence, and the Defendant caused the victim E (the 48-year-old person) who is the passenger of the said vehicle, to suffer injury, such as the fladsing of flads, for about eight weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement on the occurrence of traffic accidents;
1. Statement on the condition of traffic occurrence;
1. Entry and video of the traffic accident report, actual condition survey report;
1. Each description of each written diagnosis;
1. Application of Acts and subordinate statutes on images of photographs;
1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with heavier penalty);
1. Selection of alternative imprisonment without prison labor;
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the favorable circumstances among the reasons for sentencing following the suspended sentence);
1. Scope of punishment by law: Not less than one month but not more than five years;
2. The sentencing criteria shall be based on; and