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 became final and conclusive.
Punishment of the crime
The Defendant is a person who is engaged in driving a Cunst-Pacific cargo vehicle.
On May 15, 2017, the Defendant driven the above cargo vehicle around 11:25, and proceeded from the head of Kucheon-gu, Kucheon-gu, Kucheon-gu to the front of the entrance of the Oral Village at the Oral Village at 331-7, Kucheon-gu, Kucheon-gu, Sincheon-do, the Defendant driven the two-wheeled 110 two-wheeled vehicles of the victim D (ECOTRT) driving 110.
Since there was a cross-section prohibited from passing ahead, there was a duty of care to avoid passing another vehicle to a person engaged in driving service.
Nevertheless, the Defendant neglected this and failed to maintain the distance by driving a two-wheeled vehicle in front of the victim and re-entering the two-wheeled vehicle again, and caused the Defendant to fall down below the road by putting the left side of the said two-wheeled vehicle on the right side of the Defendant’s cargo.
As a result, the Defendant suffered injury, such as mination of flavers to the left-hand side in need of approximately 16 weeks of treatment due to the above occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A medical certificate;
1. The application of Acts and subordinate statutes to a survey report on actual conditions, on-site photographs, and investigation reports (Attachment to photographs of on-site and accident vehicles);
1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (4) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, the grounds for sentencing) of the suspended sentence is [the scope of recommendation] No person who does not have a basic area (4-1 year to 1 year) (the person subject to special sentencing) of the first type of traffic accident (the grounds for sentencing) [the decision of sentencing] [the decision of sentencing] the following circumstances and the defendant's age, sex, sex, family relation, family environment, motive and means of the crime, circumstances after the crime, etc., shall be considered in light of the various sentencing conditions as set forth in the instant records and arguments.
Unfavorable circumstances: