Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in dump truck driving.

On December 29, 2012, the Defendant driven a dump truck around 09:10 on December 29, 2012, and proceeded to turn to the left by making a dump truck a private distance from the dump-only road near the dump apartment, such as the dump-ro, Nowon-gu, Seoul, to the dump-only side.

Since there is a crosswalk where a signal, etc. is installed, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the new subparagraph, by checking whether there is a person who gets to drive the motor vehicle by reducing the speed and by properly examining the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and received the right-hand side part of the victim C(55 years old) crossing the crosswalk from the left-hand side of the right-hand side of the defendant's running direction to the right-hand side of the crosswalk by failing to make a left-hand turn in violation of the signal.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the opening of a guard frame for the right side in need of treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on the occurrence of a traffic accident and report on a traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act (Selection of Depository Punishment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the criteria for a punishment and a sentence [decision of a punishment] among traffic crime groups, general traffic time and the first category (the injury of a traffic accident): No mitigated element: Where there is a heavy weight in illegality in the proviso to Article 3 (2) of the Special Education Act (where falling under more than two provisos), (where falling under any of the grounds of more than two proviso), the area of aggravated punishment: August to June of a credit cooperative;

2. The criteria for probation [main reasons for probation] positive: In the event that the illegality in the proviso of Article 3(2) of the School Specialized Law is serious, the reasons for two or more provisos are more.