교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for six 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 who is engaged in driving of B-learning automobiles.
On August 10, 2016, the Defendant driven the above-mentioned vehicle around 09:10 on August 10, 2016, and led to the intersection in front of the Northern-gu, Seoan-gu, Seoan-gu, to proceed in the direction of the Yacheon-gu Center in the direction of the Yacheon-gu.
Since a red on-and-off signal is installed on the front side of that place, in such cases, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle by temporarily stopping in front of the intersection in accordance with the red on-and-off signals, reducing the speed and checking the side well to prevent accidents by safely driving the motor vehicle in advance.
Nevertheless, the Defendant neglected to do so and followed the front part of the victim D(74 )'s non-registered motor vehicle driver's license, which was driven on the right side from the left side of the running direction by the Defendant's failure to proceed in violation of the red on-and-off signal, into the left side of the driver's license and the front part of the left side of the driver's license.
As a result, the Defendant suffered injury to the above victim by negligence in the course of the above business, such as the pressure of chest pressure, which requires approximately 12 weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. A survey report on actual conditions;
1. Scenes of on-site photographs and CCTV images taken;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act;
1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended sentence] General Traffic Accident No. 1 (Bodily Injury resulting from Traffic Accidents) [1-8 months] mitigation area (including special mitigation persons] victim's efforts to recover damage], but the degree of injury of victim is serious. However, in agreement with the victim, the injured party does not want the punishment of the defendant.