교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person engaging in driving a benz car.
On November 15, 2020, the defendant operated the above car at around 05:45, and proceeded to turn to the left from the surface of D apartment at the shooting distance of the Korea Coast Guard.
The location is a three-distance intersection where signal lights and crosswalks are installed, and it was difficult to view it because it was done before sunrise. In such a case, there was a duty of care to reduce the speed of the person engaged in driving service and to follow the signals.
Nevertheless, the Defendant neglected this and did not find out the victim E (34 ) crossing the crosswalk to the port from the right side of the direction of the Defendant to the left by the negligence of the left-hand turn turn, and did not cause the victim to go beyond the above vehicle due to the shock and caused the victim to suffer injury, such as the closure of the alley of the border in need of about 10 weeks treatment.
Accordingly, the defendant suffered injury to the victim due to a traffic accident.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A report on the occurrence of a traffic accident, a report on the actual condition of the traffic accident, and a photograph of a CCTV for crime prevention;
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 on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. In full view of the elements of sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as indicated in the pleadings, such as the circumstances before and after the commission of the crime, the sentence shall be determined as ordered.
Sentencing elements: Compensation for damage and agreement with the victim.