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Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for a period of 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 dump truck driving.
On December 23, 2016, the Defendant driven a dump truck above around 18:12 on December 23, 2016, and made a turn to the left-hand turn at a non-protection level one-lane between the three-lanes of the measure source, using the distance of the dump truck in the dump, Nowon-gu, Seoul Special Metropolitan City.
At night, there is a crosswalk installed immediately after the left turn, so in this case, the driver of the vehicle has a duty of care to properly see whether the driver of the vehicle has a pedestrian with the crosswalk, and to accurately manipulate the steering direction and brake system, thereby preventing the accident.
Nevertheless, the Defendant neglected this and proceeded along as it is, due to negligence, did not discover the victim C (the 45 years old) who dried the crosswalk in accordance with the pedestrian signals from the left side of the direction of the Defendant’s course, and did not see the victim C (the 45 years old), and did so by shocking the above truck to the front part of the driver’s seat.
Ultimately, the Defendant suffered injury to the victim, such as damage to the right shouldered gate, which requires approximately eight weeks of treatment, due to such occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A medical certificate;
1. Application of Acts and subordinate statutes to a traffic accident report, accident-related photographs, black booms to report the occurrence of a traffic accident, and to report the occurrence of a traffic accident;
1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The defendant's age, occupation, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. and the conditions of various sentencing as shown in the argument of this case shall be determined as ordered by taking into account the following circumstances under Article 62-2 of the Criminal Act, and other circumstances under the reason of sentencing.
Unfavorable circumstances: