Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who is engaged in driving a motorcycle B, GTS125.

On March 12, 2019, around 18:53, the Defendant continued the front road of Busan Metropolitan City C from D bank to the Daegu Metropolitan-distance flood.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to confirm whether a person engaged in driving service has a road by using a crosswalk and to safely drive it by reducing speed and by properly examining the front side and the left side.

Nevertheless, the defendant neglected this, and found the victim E (20 years old) who has dried the crosswalk to the right side of the motor bicycle driving direction of the defendant, and faced the victim with the front side of the defendant's motorcycle due to the negligence of finding late the victim E (20 years old).

As a result, the Defendant suffered injury to the victim by the above negligence during approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

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;

1. The scope of recommendation [decision of type] according to the sentencing guidelines for sentencing under Article 62-2(1) of the Criminal Act on the grounds of sentencing under Article 62-2(1) of the Order to Attend shall be determined as the same sentence as the order, comprehensively taking into account the following conditions of sentencing as shown in the records, such as the area of mitigation (including the recommended area and the scope of recommendation), the area of mitigation, the area of mitigation (including efforts to recover damage), the area of mitigation, the circumstances under the decision of sentence from January to August of the imprisonment without prison labor, and other circumstances before and after the crime.

- The defendant's negligence to inflict serious injury on the victim - The recognition of the crime, and the agreement with the victim