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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 driving a K5-car.
On August 17, 2018, the Defendant driven the above vehicle at around 18:30, and driven the 43-lane of Daegu Suwon-gu without a law school, according to one-lane of the five-lane between the upper and the upper four-lane.
In this case, the driver of the motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering gear and brakes according to the new code.
Nevertheless, while the Defendant neglected to do so and was driving on the red signal of the vehicle, the Defendant got out of the right side of the direction of the Defendant to the left side of the pedestrian green signal, who is crossing the crosswalk on the pedestrian green signal, as the front side of the Defendant vehicle.
Ultimately, the Defendant suffered injury to the victim, such as a pelvise, 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. Each photograph;
1. The actual condition survey report;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Standard for sentencing for the reason of sentencing under Article 62-2(1) of the Criminal Act of the Order to Attend a lecture [the scope of recommending sentence] general traffic accident category 1 (the scope of traffic accident) (1 to 8 months) (special mitigation), the sentence of mitigation (including serious efforts to recover damage), the sentence of mitigation, and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, family relationship, etc., shall be determined by comprehensively taking into account the following circumstances, such as the defendant's age, occupation, character and conduct
- Influence of the victim by gross negligence of the defendant - recognition of the crime and reflectability, and the victim are limited to.