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

On June 4, 2019, the Defendant, who is engaged in driving of the freezing tower B, was driving the above vehicle on June 4, 2019, and was driving in front of the five-lane 5, Orado Integrated Social Welfare Center in Guro-gu Seoul, Guro-gu, Seoul, driven the front of the five-lane Dog-ro, Orado-dong in the direction of the Rosedo-dong tunnel.

There are crosswalks where signal lights are installed on the front door, and in such cases, it is necessary to confirm whether a person engaged in driving of a motor vehicle has the duty of care to reduce the speed for the person engaged in driving the motor vehicle and to set the way for the driver to see well, and to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, even though the Defendant neglected this and the signal was changed to a stop signal, the Defendant, by negligence, caused the victim C (the 16-year old age) who was dried on the crosswalk in accordance with the new code, to go beyond the road, by shocking the front side of the vehicle driving.

피고인은 위와 같은 업무상 과실로 피해자에게 발의 으깸손상 등으로 약 8주간의 치료를 요하는 상해를 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of occurrence of a traffic accident prepared C;

1. A report on the actual condition of survey and a report on investigation (Attachment to a signal modernization tag);

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

1. 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 concerning Criminal Facts, Article 268 of the Criminal Act;

1. Selection of alternative imprisonment without prison labor;

1. The suspension of execution of sentence under Article 62(1) of the Criminal Act includes traffic accidents caused by reason of sentencing, circumstances of traffic accidents, degree of illegality of Defendant’s negligence, parts and degree of injury, comprehensive automobile insurance, criminal records other than punishment of a fine for a single drinking driving, and reflectivity, etc., the conditions of sentencing specified in the arguments of this case shall be taken into consideration.

It is so decided as per Disposition for the above reasons.