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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.
Reasons
Punishment of the crime
The Defendant is a person engaged in driving a motor bicycle B, GTS125.
On April 26, 2015, at around 13:45, the Defendant: (a) driven the instant motorcycle on the front road D in the Sinsi-si, Sinsi-si, from the scarlet distance to the industrial road, and led it to the right-hand bypass.
Since a crosswalk is installed on the front side, there was a duty of care to check whether a person engaged in driving of a vehicle has a road to reduce the speed and to see well the right and the right of the road and to prevent the accident.
Nevertheless, the Defendant neglected to do so and proceeded as it was caused by negligence to the victim E (the age of 11) who dried the above motorcycle on the front side of the motorcycle.
As a result, the Defendant suffered injury to the lower end of the Bridge, which was accompanied by a non-alleys that require medical treatment for approximately 12 weeks, due to the foregoing occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. A report on the occurrence of a traffic accident, on-site photographs, actual condition survey report, and photographs;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act;
1. Application of the sentencing criteria [Scope of Recommendation] General traffic accidents in category I (Bodily Injury resulting from Traffic Accidents) (one to six months) (Special Mitigation) and no penalty is imposed;
2. In light of the fact that a defendant who has been sentenced to a sentence causes a traffic accident at a crosswalk to cause serious injury to the victim, etc., his responsibility for the illegal act of the defendant shall not be minor;
On the other hand, however, the defendant recognized the crime of this case and reflected his mistake, and the victim.