Defendant shall be punished by imprisonment without prison labor for six 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 a B M& car.

On January 29, 2014, the Defendant driven the above car at around 17:30 on January 29, 2014, and moved to the direction of the Suwon Heavy Police Station in the area of the Suwon Heavy Police Station in order to stop temporarily in the direction of the Suwon Heavy Police Station in order to stop immediately before the crosswalk, but the pedestrian signal, etc. in the crosswalk continued to move to red signal in green signals.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to take full account of road conditions, such as whether there is a pedestrian on the crosswalk, and to accurately manipulate the steering direction and brake system of the motor vehicle.

그럼에도 불구하고 피고인은 이를 게을리 한 채 주변 상황을 제대로 살피지 않아 마침 횡단보도를 위 승용차의 왼쪽에서 오른쪽으로 건너고 있던 피해자 C(15세)를 발견하지 못하고 만연히 차량을 출발시켜 횡단보도에 진입한 과실로 위 승용차의 앞범퍼 부분으로 피해자의 오른쪽 허벅지 부분을 들이받고, 계속하여 제동하는 대신 가속페달을 밟아 피해자의 왼쪽 발 부분이 피고인의 운전 차량 앞 바퀴와 화단 경계석 사이에 끼이게 하여 피해자로 하여금 약 16주간의 치료를 요하는 좌측 발의 으깸 손상(족지 불구) 등의 상해를 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Statement made to D by the police;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act.

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending sentence] of the General Traffic Accidents Act, damage to the basic area (four to ten months) (special mitigation factors) of the first category (the injury caused by traffic accidents).