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Defendant shall be punished by imprisonment without prison labor for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person engaging in driving a rocketing car.
On December 11, 2015, the Defendant driven the above car at around 17:50 on December 11, 2015, and led to the driving of the above car at the front of the Seoul Western-gu Seoul Metropolitan City C along with the driving distance.
Since the location is where a signal, etc. is installed, the defendant engaged in driving of the motor vehicle has a duty of care to drive the motor vehicle safely in accordance with the signals by making it possible for the defendant to take the front, left, and signal.
Nevertheless, the Defendant neglected this and got the victim to go beyond the road by taking the victim's eT125XK bicycle of the victim D (54) who crosses the crosswalk on the right side of the pedestrian crossing from the left side of the direction of the proceeding to the right side of the road, thereby causing injury to the victim, such as a chest spelf that requires about 8 weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. A written statement on the occurrence of a D traffic accident;
1. A medical certificate and an investigation report on the actual condition of a traffic accident;
1. An accident scene photograph;
1. Application of the Acts and subordinate statutes for reporting internal investigation;
1. Article 3 (1) and the proviso to Article 3 (2) 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 for a crime;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and
2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall be the area where the punishment is mitigated (one month to six months from the imprisonment without prison labor) (including a person who has been specially mitigated], and the punishment is not suspended (including a serious effort to recover damage);
3. The fact that the defendant in the decision of sentence is deeply divided and reflected in his criminal act, the fact that the defendant's driver's vehicle is covered by the comprehensive motor vehicle insurance and paid 3,963,340 won to the victim as the victim's medical expenses, etc., and the prosecution has been instituted after the prosecution.