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 one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person engaged in driving a feed transport vehicle B5.9 tons.
On August 2, 2018, the Defendant driven the above cargo vehicles around 14:49, and proceeded at a speed of 73 km/h from the gallle of the Yayang-gun of the Yayangyang-gun, the Yayang-gun, the Yayang-gun, the Yayang-ri, the Yari-ri,
당시 전방 차량신호등은 황색점멸등화 상태였고, 그곳은 제한속도가 60km/h이고, “ㅏ”자형 삼거리 교차로인데 우로 굽은 도로인데다 우측에는 가로수가 있어 우측에서 교차로로 진입하는 차량을 확인하기 어려운 곳이므로 이러한 경우 자동차의 운전업무에 종사하는 사람으로서는 속도를 줄이고 전방 및 좌우를 잘 살피고 조향 및 제동장치를 정확하게 조작하여 사고를 방지하여야 할 업무상 주의의무가 있다.
Nevertheless, when the defendant neglected to do so and proceeded to the right side of the cargo vehicle of the defendant, he received the part on the left side of the victim C(54 years old) driver's EXE(XG) driving from the right side of the cargo vehicle of the defendant in the course of the ship of the defendant, and received the part on the left side of the defendant's cargo vehicle.
As a result, the Defendant suffered serious injury, such as “understanding an external wound with no open address in head,” which requires a victim’s treatment for about 20 weeks due to such occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A traffic accident report and a traffic accident report;
1. Application of the relevant Acts and subordinate statutes to C of each medical certificate and medical opinion;
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and selection of imprisonment without prison labor
1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “the reason for suspended sentence”) (the grounds for suspended sentence) (the scope of recommendations and recommendations), the basic field of sentencing, and the period from April to one year of imprisonment without prison labor: the injury of traffic accidents [the type 1].