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 one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person engaged in driving a rocketing car.
On December 26, 2017, the Defendant driven the above car at around 21:10 on December 26, 2017, and transferred approximately 10 km away from the old Maternal Safety Center in front of the Dong-gu, Busan to the Moternal Station at a speed of about 10 km.
Since a crosswalk without signal, etc. is installed on the front side, there was a duty of care to check whether a person engaged in driving service has a way to reduce the speed and to see well the right and the right of the front and the right and the right of the road, and to safely drive the road.
Nevertheless, due to negligence by neglecting this, knenee, etc. of the victim C(47) walking along the crosswalk was taken over as the front part of the said car.
Ultimately, the Defendant suffered injury, such as cage cage cage cage cages Nos. 6, 7, and 8 to the right side, which require approximately six weeks of treatment due to the above occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Reports (1) (2) and investigation reports:
1. C’s traffic accident statement;
1. Application of Acts and subordinate statutes of a medical certificate;
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;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of the recommended punishment according to the sentencing guidelines shall be limited to the category 1 (Bodily Injury resulting from Traffic Accidents) (one to eight months) and the mitigated area (a person subject to special sentencing) shall not be punished;
2. As to the occurrence of serious injury to the victim due to the instant accident, the sentence of sentence is disadvantageous to the Defendant.
However, considering the circumstances favorable to the defendant, such as the confession of the defendant, the fact that the defendant is against himself/herself, and the fact that the injured person does not want the punishment of the defendant by agreement with the victim, and other various sentencing factors revealed in the trial process of this case, such as the age, sex, environment, accident circumstances, etc. of the defendant.