교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person engaged in driving CT125D 4 Obane.
On September 27, 2017, the Defendant driven the above vehicle around 10:30 on September 27, 2017, and led the two-lane road in front of the Eart in Busan East-gu, Busan to proceed along the one-lane road in the direction of the flow of hot spring in the direction of the flow of hot spring.
On the other hand, there was a crosswalk without signal apparatus at the front door, so in such a case, there was a duty of care to prevent accidents in advance by safely driving the vehicle, such as reducing speed to the person engaged in driving the vehicle, checking whether there is a pedestrian driving on the crosswalk, and temporarily stopping.
Nevertheless, the Defendant neglected this and proceeded with the crosswalk as it is without looking at the right side of the road without reducing the speed, taken the body part of the victim F (the age of 83) who walked the crosswalk from the right side of the Defendant’s vehicle to the left side, and had the victim go beyond the floor due to its shock.
As a result, the Defendant suffered injury to the victim by negligence in the above business, such as the mouths in need of approximately nine weeks medical treatment, and the mouths at the bottom of the aggregate.
Summary of Evidence
1. The defendant's legal statement (as at the date of the second public trial, in the case);
1. A survey report on actual conditions;
1. Investigation report (CCTV image analysis);
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] is that the mitigated area (one month to eight months) of the mitigated area (including special mitigated persons] reflects the punishment not (including the advanced effort to recover damage), there is no record of punishment exceeding the fine, and the victim is agreed.