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Defendant shall be punished by imprisonment without prison labor for six months.
However, 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 driving of B 11 ton truck.
On October 9, 2020, the Defendant driven the above vehicle at around 06:23, and proceeded in the Busan Jin-gu C, and the latter part of the D's right road at the front of the D's right room to E in the front of the E's right room, and came back again after temporarily stopping.
In this case, the driver of the vehicle has a duty of care to check whether there is a person who gets on the crosswalk, and to safely drive the crosswalk, because there is no signal, etc. on the front door.
Nevertheless, the Defendant neglected to do so and proceeded with it, and the victim F (the age of 82) who was standing a crosswalk from the right side of the Defendant’s proceeding direction to the left side was shocked with the front part of the Defendant’s vehicle, and the part of the right bridge of the overcoming victim was directed to the left side of the Defendant’s vehicle.
Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as “a ducts of ducts and ducts of ducts and ducts,” which requires approximately 14 weeks of treatment.
Summary of Evidence
1. Statement by the police concerning the defendant's statutory statement G;
1. (F) Application of the traffic accident-related Acts and subordinate statutes to the diagnosis certificate for the report on traffic accidents;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: From January to five years of a credit cooperative;
2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the ordinary traffic accident [the Class 1] the injury [the person subject to special sentencing] caused by traffic accidents: The mitigated factors of punishment: Where the injury occurs among the increased factors of punishment: the basic area [the scope of the recommended punishment and the scope of the recommended punishment], April through one year without labor.
3. Determination of sentence: Six months of imprisonment without prison labor, and one year of suspension of execution, shall violate the duty to protect pedestrians in crosswalks;