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Defendant shall be punished by imprisonment without prison labor for eight months.
However, 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 the duty of driving Category C cargo vehicles.
On October 19, 2017, the Defendant driven the above cargo truck on the 16:43th day of October, 2017, and proceeded along the two-lanes in front of the intersection of the private road, which is located in the 2075-1, Young-dong, Young-gu, Jeju, along the two-lanes from the parallel of the private road.
Since there is an intersection where signal lights are installed in the front bank, there was a duty of care to prevent accidents in advance, such as reducing speed and safe driving by checking well the right and the right of the driver of the motor vehicle.
Nevertheless, the Defendant neglected to do so and did not look well at the front door, and was driven by D while standing in the signal atmosphere at the front door by negligence, which led to the front part of the cargo vehicle driven by the Defendant, such as the front part of the 5 ton of the E-5 ton, a stable car, and the rear part of the loading box of the vehicle driven by the Defendant.
Defendant 1 suffered injury, such as an injury to the victim F (the remaining, 53 years old) who was on the top of the Poter freight driven by the Defendant due to such occupational negligence, due to approximately 14 weeks open medical treatments, such as an injury to the victim F, who was on the top of the Poter freight driven by the Defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the occurrence of a traffic accident, on-site photographs of the accident, and on the report of a traffic accident;
1. Written statements related to D traffic accidents;
1. Investigation report (as to the damage situation of victim F and family relation);
1. Investigation report (as to the execution of a warrant of search and inspection)
1. Application of Acts and subordinate statutes to photographic data of victim F bed;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is that the defendant's negligence occurred while driving his school, and the degree of injury of the victim is severe, and the defendant is identical to that of the defendant.