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

On May 22, 2013, the Defendant driven the above cargo vehicle at around 21:20, while proceeding to the general playground from the direction of the Ocheon Police Station, the Defendant driven the 96-3-way Hacheon-gu, Ocheon-gu.

At that time, there are three-distance crossings in which crosswalks are installed, so in such cases, there was a duty of care to check whether a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle, by reducing the speed and checking well the right and the right of the road.

Nevertheless, due to the negligence of neglecting this, the defendant received the front part of the victim C (n, 45 years old) who walked the crosswalk from the left side of the direction of the defendant's proceeding to the right side, and let the defendant go beyond the road.

As a result, the Defendant suffered injury to the victim due to such occupational negligence, such as the withdrawal from the right spons and the damage to spons in the right spons, which requires treatment for about 10 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A survey report on the actual condition of a traffic accident and an accident site photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 for Criminal Facts, Article 268 of the Criminal Act, selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. In light of the fact that the defendant with the reason of sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures is highly punished for the same crime before the crime of this case, the defendant's negligence is very serious in the occurrence of the traffic accident of this case, and the victim's severe punishment is willing due to the lack of agreement even though the victim's damage was extreme, etc., the defendant shall be strictly punished.