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
The defendant is a person who is engaged in driving of B Poter cargo vehicles.
On February 18, 2020, the Defendant driven the above vehicle at the speed of 11:10 on February 18, 2020, and led to turn to the left at the right speed from the intersection of the shooting distance in front of Daejeon Dong-gu, Daejeon to Korea.
Since a crosswalk without signal lights is installed, there was a duty of care to temporarily stop a person engaged in driving service before entering the crosswalk and prevent accidents by checking well the right and the right of the crosswalk.
Nevertheless, the body part of the victim E (Nam, 82 years old) crossing the crosswalk from the right side of the proceeding direction to the left side of the road due to negligent and negligent negligence, was received as the front side of the defendant's vehicle.
As a result, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., an injury to the victim, such as an external wound, which requires approximately 24 weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. Each report on investigation;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, the selection of imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act for the defendant was a traffic accident due to his/her failure to perform his/her duty of care to pedestrians in the crosswalk, thereby causing serious injury to the victim. However, the defendant's vehicle has been covered by a comprehensive insurance, and the defendant's vehicle has been covered by a separate agreement, and the damage can be fully recovered due to the defendant's vehicle being covered by the victim's family members. The defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and other circumstances constituting the conditions for sentencing as stated in the argument of this case shall be determined as ordered by the order.