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Defendant shall be punished by imprisonment without prison labor for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
At around 18:00 on November 20, 2014, the Defendant, while driving a bicycle and driving the new 98-ro 98 along the city of Tong Young-si, was negligent in the course of business and by the occupational negligence, which led the victim C (n, 67 years old) who opened the crosswalk on the left side from the right side of the defendant's running side to the right side of the bicycle.
In this respect, the victim suffered from the injury to the upper part of the pelle which requires approximately 12 weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. A medical certificate;
1. Each report on investigation;
1. Application of the photographic Acts and subordinate statutes;
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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning facts constituting an offense;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act;
1. Where an accident occurred (the person under special mitigation) resulting from the operation of a bicycle in the aggravated area (the person under special mitigation) of the first category of general traffic accident (the injury resulting from traffic accident) according to the sentencing guidelines / Where the illegality in the proviso of Article 3 (2) of the Specialized School Act (the scope of recommendation) is serious (the scope of recommendation) / Where the imprisonment without prison labor for August to June;
2. Determination of sentence - favorable circumstances: The fact that it is an offender of the operation of a bicycle (the defense counsel of the defendant, considering the situation in which a claim for compensation by the Health Insurance Corporation has been made to the defendant as favorable circumstances, but this does not seem to be favorable circumstances). - Unfavorable circumstances: The degree of injury of the victim is relatively heavy, and even though the victim suffered a large amount of property and mental damage due to the accident in this case,
It is not possible to find out that the victim was seriously killed or injured.