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.

Punishment of the crime

The defendant is a person who is engaged in driving a BP car.

On March 29, 2019, the Defendant driven the above car at around 07:05, and proceeded at about 74.78 km each hour, depending on the three-lane road in the front of Daejeon Peongdong-gu C from the Guambli-distance Protection Zone to the long-distance distance.

Since the place is at a speed of 50 km per hour, there was a duty of care to prevent accidents in advance by complying with the speed limit to the person engaged in the driving of motor vehicles, by properly operating the steering gear and brake system and operating it.

Nevertheless, the defendant neglected this and found the victim E (the age of 87) who passed the above road on the right side from the left side of the defendant's running direction after leaving a speed exceeding 24.78 km a speed of 24.7 km per hour, and operated the above road to avoid this, but did not avoid it, and did not go against the defendant's bicycle, and let the victim go beyond the ground.

Ultimately, the Defendant suffered injury to the victim, such as the loss of organization in annual installments, which requires approximately five weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to traffic accident actual condition survey reports, accident site photographs, and diagnostic certificates;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act concerning facts constituting an offense, Article 268 of the Criminal Act, and

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is as follows: (a) the Defendant, while driving a bicycle under the speed of the Defendant, was shocking the victim who was crossing the road on board the bicycle, and the liability for the crime is not less severe; and (b) the Defendant was also on April 26, 2018.