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Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a CAtop car.
On March 8, 2017, around 18:45, the Defendant proceeded two lanes, among two lanes, at a speed of about 10km in speed in the direction of the new side-dong terminal in the direction of the common distance of the common road of the same Gu and the front of the crosswalk in the south-dong, Nam-gu, Chungcheongnam-gu, Seoul.
In this case, the driver has a duty of care to safely proceed in accordance with the signals and prevent accidents in advance, as the signal is installed, and the crosswalk is installed with pedestrian signal, and in such a case, the driver has a duty of care to prevent accidents.
Nevertheless, the Defendant was negligent in disregarding the moving direction stop signal and led the victim F (the age of 67) crossing the crosswalk in the front of the said car to go beyond the road by taking the front part of the said car.
As a result, the Defendant suffered from the injury of the victim F of the instant occupational negligence in light of the left-hand laverization laver which requires approximately nine weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of G and H;
1. A survey report on actual conditions;
1. On-site photographs;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 1 and 6 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;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] is the case where the illegality in the category 1 (in the case of eight months to two years) (in the case of a special aggravated person), among the proviso of Article 3(2) (excluding subparagraph 8) of the Act on Special Cases concerning the Punishment of Traffic Accidents (in the case of a person subject to a special aggravated punishment), is serious, the defendant's negligence is gross, the victim's injury is not agreed with the victim even though the victim's injury is serious, the crime is recognized and reflected, the fact that there is no record of criminal punishment for the same kind of crime, the fact that there is no other record of criminal punishment for the same crime, and the defendant's age, sex, motive, means, means and result of the crime