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Defendant shall be punished by imprisonment without prison labor for four 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 K3 cars.
On October 24, 2016, the Defendant, as of 20:50, had a hot spring hole of 1716, along with a hot spring hole of Asan City, proceeded from the eline to the drain bank of the eline.
Since the location is an intersection where signal lights are installed, in such cases, a person engaged in driving of a motor vehicle has a duty of care to live well on the right and the right of the front side, and to prevent accidents in advance by driving safely in accordance with signals.
Nevertheless, in violation of the red signal, the Defendant received the front part of the victim C(37) driving DA7 driver who was making a left-hand turn according to the new code due to the negligence in driving the red signal as the front part of the Defendant's driving.
Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of treatment due to occupational negligence as above, and at the same time damaged the above A7 vehicle to have approximately KRW 37 million of repair cost.
Summary of Evidence
1. Statement by the defendant in court;
1. Entry of C’s statement;
1. Statement and image of a survey report;
1. Each description of a written diagnosis and written estimate;
1. Application of each of the visual Acts and subordinate statutes to a black boom and to a field photograph;
1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and de facto) and Article 151 of the Road Traffic Act concerning criminal facts (the occupation of damage from occupational and de facto property);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents, which lack any further punishment);
1. Selection of a credit cooperative without prison labor for punishment;
1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the circumstances favorable to the following grounds for sentencing);
1. Scope of punishment by law: Not less than one month but not more than five years;
2. The first crime (the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents) of the scope of the recommended punishment according to the sentencing guidelines (the above two crimes are related to the commercial concurrent crimes).