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Defendant shall be punished by imprisonment without prison labor for not less than five months.
However, the execution of the above punishment shall be suspended for 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 driving a BCA110V motorcycle.
On February 14, 2015, the Defendant driven the above motorcycle around 18:30 on February 14, 2015, and proceeded along the two-lanes in front of the Dmomoel road located in Seo-gu Incheon, Seo-gu, Incheon, with gold-hurg apartment room located in the Self-grast distance.
At the time, crosswalks were installed at the front, and vehicle signals were red and pedestrian signals were green signals. As such, the Defendant, who is engaged in driving, has a duty of care to make a stop exceeding the stop line until the vehicle signal becomes a green signal.
Nevertheless, the Defendant neglected this and proceeded with the red signal as it is, by negligence, received the front wheels of the victim E (77 years old) who was riding a bicycle or a crosswalk pursuant to the new code as the front wheels of the Defendant’s motorcycle.
Ultimately, the Defendant suffered injury to the victim E due to the above occupational negligence, such as the so-called "refalter abandonment" in which approximately eight weeks of medical treatment is required.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on traffic accidents, investigation reports and investigation reports (the details of non-verification of the victim's statements and applicable provisions of Acts and subordinate statutes);
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order [the scope of recommending sentence] Article 62-2 of the Criminal Act: There is no basic area (the injury of traffic accidents) (the decision of sentence): - there is no special person [the decision of sentence] - there is no record of criminal punishment; - there is no record of criminal punishment; - there is no record of fault by violating the signal, it is not easy to treat the general insurance, it is not agreed with the victim;