교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a car at C.
On October 23, 2015, the Defendant driven the above car at around 11:25, and proceeded to turn to the left for viewing from the jurisdiction of the court of the strike at the time of the strike.
In this case, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle, such as seeing the front door, and accurately operating the steering direction and the brake system by examining the existence of pedestrians on the crosswalk and the situation.
Nevertheless, the Defendant did not discover the victim E (W, 75 years old) who cross the right side of the above crosswalk to the port from the right side of the road crossing due to negligence that the Defendant neglected to do so and proceeded, and received the victim in front of the above passenger vehicle.
Ultimately, the Defendant caused the victim to suffer injury, such as double-water extractions, etc. on the left-hand side, which requires approximately eight weeks of medical treatment due to such occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the actual survey report, diagnosis report, and each photographic statute;
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 (Selection of Imprisonment without prison labor);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend Courses;
1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;
2. Application of the sentencing guidelines [decision of the type] traffic crimes, general traffic accidents, types 1 [Special Sentencing Persons] and non-influence of punishment (special mitigation) and in cases of serious injury (influence of the recommended punishment], the basic area of the sentencing guidelines, April of the credit cooperative and October.
3. Determination of sentence: The sentence of imprisonment without prison labor for eight months shall not be less than that of a crime in light of the circumstances and results of the crime, such as a suspended sentence of two years;