Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who is engaged in driving service of B 114cc.

On December 20, 2019, the Defendant driven the above Oral Ba on December 21:17, 2019, and continued to drive the Oral Ba on the two-lane two-lanes in front of Masan-si, Ansan-si, Agsan-si, with the view to the vegetative area of a plant source at D University.

Since there is a pedestrian crossing installed, there was a duty of care to take care of whether a person engaged in driving service is walking the pedestrian crossing, to reduce the speed, and to prevent the accident from spreading.

Nevertheless, the Defendant neglected this and proceeded along as it is, by negligence, got the victim E (the 54 years old) to stand the crosswalk from the right side to the left side, on the front side of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cutting down the upper left-hand body in need of medical treatment for about 14 weeks.

Summary of Evidence

1. 피고인의 법정진술 E에 대한 경찰진술조서 교통사고 실황조사서⑴⑵ 진단서 3부 사고관련사진 법령의 적용

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic accidents: General traffic accidents [Type 1] and the injury [Special Sentencing] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, imprisonment without prison labor for one month through eight months;

2. The victim shall be a person who has violated the duty to protect pedestrians at the crosswalk in a decision-making crosswalk to sentence, thereby causing serious injury to the victim, and the defendant shall pay a sum of 40 million won to the victim together with the business owner of the business entity where he/she works and shall have agreed to do so;