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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in the duty of driving K5 taxis.
On July 27, 2017, the Defendant driven the above taxi around 03:37 on July 27, 2017, and continued the front road in Gangnam-gu Seoul to the front side of the area of the military service in the military.
At the time, it was night and there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle, such as checking the right and the right, observing the signal, etc., because the person engaged in driving the motor vehicle at night was an intersection with a signal apparatus installed.
Nevertheless, the defendant, by negligence in violation of the signal and left turn, was driven by the victim D (28C) who was directly engaged in the above road in accordance with the new subparagraph on the surface of the active private distance room in the south of Gangnam-do, from the view of the above road. The defendant was driven by the victim D (28C) who was directly engaged in the above road in accordance with the new subparagraph more than the front fences of the above taxi.
Ultimately, the Defendant suffered injury to the victim, such as a pelle electronic pelle to the left-hand side in need of treatment for about three months due to the above occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents, on-site photographs, and diagnostic certificates;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act takes into account the occurrence of the instant accident by gross negligence operated by the Defendant in violation of the signal, and the fact that the victim suffered serious injury due to the instant accident, and considering the circumstances favorable to the Defendant, the Defendant recognized the instant criminal facts and reflects the mistake, the damaged person by agreement with the victim does not want the punishment against the Defendant, and the Defendant did not have any past record of punishment beyond the previous fine, etc., the punishment shall be imposed by considering the favorable circumstances.