교통사고처리특례법위반(치상)
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 two years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving of a EXM truck.
On January 26, 2017, the Defendant driven the above cargo vehicle around 06:26, and proceeded to turn to the left at the speed of the Si speed, depending on the right-hand turn from the right-hand side of the road of the two-lane C in front of the Suncheon City to the right-hand side from the right-hand side of the digging bridge.
At the time, there is a pedestrian crossing where signal lights are installed at night and at that time, so there was a duty of care to check whether a person engaged in driving service is a person who gets on the way to reduce the speed and to check the right and the right and the right well, and to drive safely in accordance with the new code.
Nevertheless, the defendant neglected to turn to the left as it is, due to the negligence of the defendant, received the head part of the victim D (22 3) who crosses the crosswalk in accordance with the pedestrian signals from the surface of the sloping slope, and had the victim go beyond the floor of the above cargo driver's seat.
Ultimately, the Defendant suffered brain injury to the victim for about six weeks of medical treatment due to the above occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. A medical certificate;
1. CCTV video CDs;
1. Application of Acts and subordinate statutes on site photographs and accident scene photographs;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act;
1. The grounds for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) and other conditions of sentencing as set forth in the records, including the Defendant’s age, occupation, sex, family relation, and circumstances before and after the commission of the crime, shall be determined by taking into account the following circumstances.
A person who causes a traffic accident to shock the damaged person of a crosswalk pursuant to the new subparagraph while making a left-hand turn shall be the victim.