교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for four months.
However, the execution of the above punishment 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 motor vehicle B with detached motor vehicles.
On December 5, 2019, the Defendant driven the above car on December 13:05, 2019, and led the road of one lane in front of Guro-gu Seoul Metropolitan Government to the direction of the hot water basin while driving from D apartment to E high school at an irregular speed.
At the same time, there was a crosswalk where signal lights were not installed, so there was a duty of care to safely drive a motor vehicle and prevent accidents in advance by checking whether there is a person driving the motor vehicle by reducing the speed and checking well the right and the right of the front.
Nevertheless, the Defendant neglected this and did not discover the victim F (F) who walked the crosswalk to the port from the right side of the direction of the vehicle to the port as it was by negligence, and did not discover the victim F (F, 70 years of age) and had the above victim go beyond the ground by taking the left side side of the said victim into front of the right side of the vehicle.
Ultimately, the Defendant suffered injury to the victim, such as knee, knenee, and tension in the part where treatment is required for about 8 weeks due to such occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Results of the video verification by this court;
1. A written statement;
1. A survey report on actual condition and photographs on the scene of accidents;
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, Article 268 of the Criminal Act concerning criminal facts;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Consideration of the defendant's negligence in sentencing under Article 62-2 of the Social Service Order Criminal Act, degree of damage to the victim, circumstances after committing the crime (the defendant's motor vehicle covered by comprehensive insurance, and the damage under the civil law is deemed to be compensated, but the victim's strict punishment against the defendant is deemed to be dead);