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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person driving a two-wheeled motor vehicle B.
On June 19, 2016, the Defendant driven the above two-wheeled vehicle on June 21, 2016, and driven the front road of Seo-gu Incheon, Seo-gu, Incheon, at about 20 km from the west-dong bank to the full-time bank distance.
At the front of the road, the crosswalk and the vehicle signal apparatus are installed, so in such a case, the driver of the vehicle has a duty of care to confirm in advance whether or not there is any person driving the vehicle, to accurately operate the steering gear and the steering gear, and to prevent the accident in advance by driving the vehicle safely according to the traffic signal.
그럼에도 피고인은 이를 게을리 한 채 전방 차량 신호기가 적색 등화임에도 전방과 좌우를 잘 살피지 아니하고 조향장치와 제동장치를 정확하게 조작하지 아니하고 그대로 직진한 과실로 힁단보도 앞 차도를 우측에서 좌측으로 건너가던 피해자 D(6세)를 위 이륜자동차의 앞바퀴 부분으로 피해자를 들이받아 바닥에 넘어지게 하였다.
As a result, the Defendant suffered injury to the victim, such as the left-hand alley and the body felball in need of medical treatment for about 14 weeks due to the above occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. The actual condition survey report;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. was that the Defendant, in violation of the signal, led to the instant crime that led the victim walking along the road to suffer serious injury by shocking the road.