교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above sentence 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 who is engaged in driving a Bmer truck.
On June 28, 2016, the Defendant, among around 16:50 Pyeongtaek-si C, was driving down the lower distance under the highest distance from among the inside of Pyeongtaek-si in the direction of the north of the audience.
Since there is a cross-section with signal apparatus, there was a duty of care to proceed to a person engaged in driving of the vehicle in such a case.
Nevertheless, the Defendant neglected this and got the victim D (the age of 41)'s top side of the E-learning Motor Vehicle, which was proceeding in accordance with the new name on the right side from the left side of the defendant's moving direction due to the negligence in violation of the signal, and received the front side of the defendant's vehicle.
Ultimately, the Defendant suffered injury to the above victim by negligence in the course of performing the above duties, such as the 16 week medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A traffic accident report;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (within the scope of the recommended sentencing criteria) of the suspended sentence;
1. The basic area (from April to one year) of the sentencing criteria for general traffic accidents (the scope of recommended punishment).
2. Determination of sentence - The degree of injury to the victim, the fact that there is no record of the crime exceeding a fine, the fact that 19.7 million won out of the agreed amount 20 million won prescribed in the criminal conciliation procedure has been paid within the payment deadline, the circumstances of the accident in this case, the degree of negligence of the defendant, the age and health conditions of the defendant (the medical certificate submitted on April 26, 2017), etc. shall be considered.