beta
Text
Defendant shall be punished by imprisonment without prison labor for five months.
except that the execution of the above punishment shall be suspended for two years 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 car of APP 2.4 DOHC.
On February 6, 2020, the Defendant driven the said car on February 6, 2020, and led to the intersection of 1643 m3 m3 m3 from the original direction to Seoul at about 90 m3 m3 m3 m3 m3.
In such a case, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle in such a way as to ensure that there is a person who gets off the way to stop the accident by safely driving the motor vehicle by complying with the speed limit and checking it well, and thereby preventing the accident in advance.
Nevertheless, the defendant neglected this and proceeded about 90km in speed exceeding 30km, and did not properly look at the front side of the vehicle, and did not discover the victim C (W, 21 years old) who was putting a crosswalk on the left side from the direction of the vehicle driving in the direction of the defendant's vehicle, and received the defendant's vehicle driving range.
Ultimately, the Defendant suffered injury to the above victim, such as “damage to pelvis,” which requires approximately 12 weeks of medical treatment, due to occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. A medical certificate;
1. Application of Acts and subordinate statutes to the traffic accident report, accident site photographs, and traffic accident analysis appraisal report;
1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (3) and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant shocked the victim without any negligence, who scamed on the crosswalk at the speed of 60 km a speed different from that of the Si/Gun/Gu at a speed of 90 km a speed. Accordingly, the victim suffered serious injury.
This is an unfavorable circumstance to the defendant.
The defendant commits a crime.