교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for eight 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
On June 20, 2018, the Defendant driven a Bchip car on November 20, 2018, while driving the D convenience store located in Busan City through the intersection from the children's park room to the side of the Bchip intersection, the Defendant passed the victim E-motor bicycle driven in front of the Defendant.
In such cases, as a driver of a motor vehicle, he/she has a duty of care to safely drive the motor vehicle by making a overtaking at a safe speed and method, such as using a direction indicator, light or horn, in consideration of the speed and route of the motor vehicle in front and other road conditions.
Nevertheless, the Defendant neglected the above duty of care and caused the victim to go beyond the road by taking the above motorcycle back to the side part of the said vehicle due to occupational negligence, so that the Defendant had the victim go beyond the road, thereby causing the victim to suffer a serious injury due to the recognition disability and physical disability caused by the blood species under the influence of the trauma.
Summary of Evidence
1. The police statement concerning G;
1. Reports on traffic accidents, investigation reports, and investigation reports (whether they constitute serious injuries);
1. A medical certificate;
1. Application of the video-related Acts and subordinate statutes to one CCTV;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of
1. Article 62 (1) of the Criminal Act;
1. It is so decided as per Disposition by taking into account the following factors: the reason for sentencing under Article 62-2 of the Social Service Order Act; the fact that there is no record of criminal punishment exceeding the fine; the history of the accident and the degree of damage;