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

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

Punishment of the crime

The Defendant is a person engaging in driving a leisure car B.

On March 12, 2014, the Defendant driven the above vehicle at around 15:00 and proceeded at the speed of 60 kilometers per hour from the 4-lane of operation distance from the 581-lane in front of the Bupyeong-gu Incheon Metropolitan City Bupyeong-gu Busan Metropolitan City Bupyeong-gu Embro, to the 3-lane of operation distance.

Since there are crosswalks where signal lights are installed at the front of that place, the driver of the motor vehicle has a duty of care to safely drive the crosswalk according to the traffic signal and prevent the accident by safely driving it according to the traffic signal while checking whether there is a pedestrian who gets to walk the crosswalk by reducing the speed of the motor vehicle and taking the front door well.

그럼에도 불구하고 피고인은 차량신호가 정지신호로 바뀌었음에도 그대로 진행하다가 보행자 신호에 따라 횡단보도를 위 차량의 진행방향 우측에서 좌측으로 건너는 피해자 C(10세, 여)을 뒤늦게 발견하고 급제동 하였으나 위 차량 앞 범퍼 부분으로 피해자의 몸통을 충격하여 앞으로 튕겨져 넘어지게 하였다.

As a result, the Defendant suffered approximately eight weeks of medical treatment due to the occupational negligence as above from the victim’s left-hand side felball, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, photographs of an accident vehicle, and on-site photographs;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act (Selection of Depository Punishment);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria;

(a) Determination of type: [19] Traffic crime, general traffic accident, [1] Injury by traffic accident;

(b) A special person of punishment: a special law of mitigation factors (not to be imposed), a special law of aggravation factors;