Defendant shall be punished by imprisonment without prison labor for ten 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.

Punishment of the crime

The defendant is a person who is engaged in driving of the case 5 car.

On April 23, 2018, the Defendant driven the above car at around 13:30, and operated the two-lanes of the two-lanes on the roads near the Taesan apartment located in Ulsan-gu, Ulsan-gu, Ulsan-do, by using the speed of about 40km each hour in the direction of the educational intercourse from the direction of Taetari-ri to the direction of Taeta-ri.

At the same time, there is a central line, so in such cases, a person engaged in driving of a motor vehicle has a duty of care to thoroughly and safely drive the motor vehicle on the front side, thereby complying with the central line and preventing accidents.

Nevertheless, the Defendant neglected this and went beyond the median line due to the negligence of the Defendant’s failure to operate air conditioners, and the part in front of the Defendant’s car driving, which was driven by the victim C(Seoul, South, and 60 years old), who was normally straight along a one-lane of the opposite Madow, was in front of the car driven by the Defendant.

결국 피고인은 위와 같은 업무상의 과실로 피해자 C에게 약 16 주간의 치료가 필요한 양쪽 하지 으깸 손 상 등에 의한 양쪽 하지 절단이라는 중 상해를 입게 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents (victims);

1. A report on the occurrence of a traffic accident, a report on the actual condition of the traffic accident, a report on the investigation, a photograph, a report on investigation (verification of black stuffs), a black stuff and a CD;

1. Application of Acts and subordinate statutes to each medical certificate, written opinion, investigation report (the degree of injury of a victim C)

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of the favorable circumstances specified in the grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The person who has reduced the basic area (from April to one year) (special mitigation) of the sentencing criteria [the scope of recommended punishment] and the basic area (the person who has reduced or exempted special mitigation) of ordinary traffic accidents: