교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a wing-off cargo vehicle B.
On March 10, 2014, at around 05:30 on March 10, 2014, the Defendant driven the above cargo, and led to turn to the left at the right angle of the intersection from the bus terminal in the direction of the bus terminal.
Since there is an intersection where a signal, etc. is installed, the driver of the motor vehicle has a duty of care to prevent accidents in advance by properly operating the steering gear and brake system and safely operating it according to the progress signal.
Nevertheless, the Defendant neglected this and received the front part of the victim C (Nam, 68 years old) driving from the opposite direction due to negligence in the course of business that entered the intersection with a stop signal in violation of the signal, as the front part of the said cargo vehicle.
As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the side rupture in the left-hand slots that need to be treated for about six weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. The actual condition survey report;
1. Application of Acts and subordinate statutes of the Medical Certificate (C);
1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;
1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)
1. Determination of types of crime: Injury of traffic accidents resulting from ordinary traffic accidents;
2. Determination of the scope of sentence: Reduction area, range to six months (a person who is subject to special mitigation: a person not subject to punishment);
3. Although the decision of sentence or suspension of execution is not minor, considering the fact that the defendant acknowledges and reflects his fault, that the defendant agrees with the victim, that the defendant is covered by the comprehensive motor vehicle insurance, that the defendant has no record of criminal punishment exceeding the fine, etc.