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 of Cone Star Co., Ltd.
On December 15, 2017, the Defendant came to turn to the left at the right angle of the 4th parallel parallel in Changpo-dong, Changpo-dong, Northern-dong, Northern-dong, at the port of port on December 15, 2017.
At all times, there was a crosswalk in which signal lights are not installed, and there was a victim D (n, 54) and E (n, 65 years old). In such a case, a person engaged in driving service has a duty of care to live well after temporary suspension, and to safely proceed with the movement of pedestrians.
Nevertheless, due to the negligence that the defendant neglected to temporarily stop and proceeded without temporarily stop, the victim D's left part of the victim D, who opened a road along the crosswalk from the right side of the running direction of the defendant's vehicle to the left side of the crosswalk, was taken as the front part of the defendant's vehicle's right side, and the latter part of E's right shoulder which goes beyond the road, was turned back to the front part of the defendant's vehicle's right side.
After all, the Defendant suffered from the above occupational negligence on the part of the victim D, such as an injury to the victim D, which requires approximately seven weeks of medical treatment, such as the upper part of the upper part of the left-hand body, and on the part of the victim E, approximately 12 weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Each written statement of D and E;
1. A survey report on actual conditions;
1. Application of Acts and subordinate statutes to field photographs and written diagnosis;
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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative imprisonment without prison labor (to take into account the fact that the negligence of the defendant who caused the victims who have dried the crosswalk due to his/her secondary driving, is not less severe than that of the victims and the degree of injury of the victims, etc.);
1. Article 62(1) of the Criminal Act of the suspended execution (a comprehensive insurance policy is subscribed to and the victims’ excessive amount of insurance policy is extended).