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Defendant shall be punished by imprisonment without prison labor for four months.
However, the execution of the above punishment 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 driving a motor vehicle B.
On June 25, 2020, the defendant driven the above car around 09:27, and proceeded to turn to the left the right from D to the front line of Busan Jin-gu C, Busan.
Since a crosswalk is installed on the front side, a person engaged in driving service has a duty of care to temporarily stop in front of the crosswalk so as not to obstruct or endanger the crossing of pedestrians driving the crosswalk.
Nevertheless, when the Defendant neglected to do so and proceeded as it is, the Defendant was the victim E (the age of 83) who crossed the crosswalk from the right side of the car driving direction to the left side of the road.
Ultimately, the Defendant suffered injury to the victim, such as satisfying and satulver crushinging down on the left-hand side, which requires treatment for about six months or more due to such occupational negligence.
Summary of Evidence
1. Application of Acts and subordinate statutes (E) to the Defendant’s legal statement on traffic accident report (report on confirmation of the content of video CD at the time of the accident);
1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing Article 62-2 of the Criminal Act regarding an order to attend a crosswalk was that the Defendant, by occupational negligence, committed a violation of the duty to protect pedestrians in the crosswalk, sustained injuries that require medical treatment for about six months to older victims.
However, the fact that there is no record of crime exceeding a fine against the defendant, the victim does not want the punishment of the defendant, and the fact that the vehicle driven by the defendant is covered by comprehensive insurance shall be considered as favorable circumstances.
In addition, the defendant's age, sex, and behavior.