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1. The defendant shall be punished by imprisonment without prison labor for four months;
2.Provided, That 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 who is engaged in the duty of driving B taxi.
On December 16, 2015, the Defendant driven the above taxi on the 16:20 on December 16, 2015, and led the two-lanes of the 32-lanes in front of the light market in the 146-lane, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, to the speed of the two-lanes in the direction from the right edge to the right edge of the border elementary school.
On the one hand, there is a crosswalk where signal lights are installed, so it was confirmed whether a person engaged in driving of a motor vehicle has a right to reduce the speed for the person engaged in driving of the motor vehicle and to see the road well, and there was a duty of care to safely drive the motor vehicle in accordance with the traffic signals to prevent the accident in advance.
Nevertheless, the Defendant neglected this and even though the signal is changed to the stop signal, the Defendant got the victim to leave the left part of the victim C (V, 62 years old) who cross the crosswalk from the right side of the crosswalk to the left side in accordance with the pedestrian signals, due to the negligence of proceeding, while the signal is turned to the stop signal, and got the victim over the ground.
Ultimately, the Defendant suffered injury to the victim, such as the pressure divers of spine No. 7, which requires approximately eight weeks of treatment due to such occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Application of Acts and subordinate statutes to a survey report on actual conditions, on-site photographs, detailed inquiries into accidents, and medical certificates;
1. Relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 3 (1), the proviso to Article 3 (2) 1 and 6, Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] The case where the illegality in the basic area (such as April to one year) (including special mitigation (special mitigation)), punishment is not imposed (including efforts to recover damage), the case where the illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the Act is serious (the decision of sentence is rendered) and others.