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 who is engaged in driving service B.
On April 5, 2017, the defendant, around 20:00, had been proceeding on the private distance of the foreign exchange bank located in Seongdong-gu, Sungwon-si, Sungwon-si, Sungwon-si.
Since the place has a crosswalk where a signal, etc. is installed, it is confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph, after checking whether there is a person who gets on the way to reduce the speed and by properly examining the right and the right of the road.
Nevertheless, the Defendant neglected this and received the front wheels part of the victim C(W, 59 years old) who gets a pedestrian green signal to the right side from the left side of the running direction of the Oraltob, where the Defendant is driving by negligence in contravention of the vehicle red signal.
Accordingly, the Defendant suffered injury to the victim, such as acute scarcity, which requires approximately six weeks of treatment due to such occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A traffic accident report;
1. An intersection-based visual image closure;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act;
1. The grounds for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence shall be taken into account both the Defendant’s age, sexual conduct, environment, background leading up to the instant crime, means and consequence, circumstances after the instant crime, sentencing guidelines, and other various sentencing conditions specified in the instant pleadings, in particular, taking into account the following circumstances into account: The favorable circumstances: (a) recognizing the instant crime; (b) there is no record of criminal punishment; and (c) there is no record of criminal punishment; and (d) there is no disadvantage for the Defendant to subscribe to the liability insurance: The degree of injury of the victim is not weak, and