교통사고처리특례법위반
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for 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 C car.
At around 06:45 on July 16, 2016, the Defendant driven the above vehicle according to four-lanes among the four-lanes of E C located in Ansan-si, Seoul-si, and proceeded from the shooting distance range in the Ansan-si.
Since there is a crosswalk where a signal, etc. is installed, the person engaged in driving service has a duty of care to safely drive according to the signals by reducing the speed and by properly examining the right and the right of the road.
Nevertheless, the defendant neglected this and the defendant's negligence proceeded with the victim FF (the age of 61) who passed the above crosswalk on the left side of the vehicle driving in the direction of the defendant's driving vehicle, driving a bicycle on the left side and cross the above crosswalk, while driving the front part of the vehicle.
Ultimately, the Defendant suffered injury to the victim, such as the 2, 3, and 4th part of the left-hand part, which requires approximately eight weeks of medical treatment, due to the above occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. A medical certificate with respect to F;
1. A traffic accident report;
1. Application of statutes on site photographs;
1. Relevant Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, the choice of imprisonment with prison labor (the following extenuating circumstances of the reasons for sentencing);
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] The basic area (4-1 year) of the first type of traffic accident (the injury caused by traffic accident) [the decision of sentence] [the decision of sentence] is disadvantageous to the fact that the degree of injury inflicted on the victim due to the instant crime is not easy.
However, the fact that the defendant's mistake is recognized and reflected, the vehicle of the defendant is covered by a comprehensive insurance.