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 who is engaged in driving CW10WH.
On December 7, 2016, around 18:40 on December 7, 2016, the Defendant proceeded along one lane between 10, 200, 12, 200 Moco-ro, and 12,000 Maco-ro, 200.
At this point, since the signal was an intersection where a signal, etc. is installed, the driver engaged in driving service has a duty of care to reduce the speed, safely drive the signal in accordance with the signals, and to not enter the intersection beyond the stop line.
Nevertheless, the Defendant neglected to do so and entered the intersection beyond the intersection of red stop signals, and caused the victim E (52 h) (hereinafter 52 h) who was getting off the 12 eco-ro, eco-mail, in accordance with the green proceeding signals, from the right eco-mail to the right erode of the future, to avoid the collision with the above MW10WH MW.
Ultimately, the Defendant suffered injury to the victim, such as flaverization of pulverization of the right-hand expenses, which requires approximately eight weeks of treatment due to such occupational negligence.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to vehicle photographs, etc., survey reports on actual conditions, diagnostic certificates, and report on internal death;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act
1. The defendant's assertion that the accident in this case is the case where the defendant's driver's error in the victim's driving in the atmosphere beyond the intersection stop line and exceeds the intersection stop line, and there is no causal relation between the defendant's negligence and the accident.
2. However, the following circumstances acknowledged by the evidence adopted and examined by this Court, namely, ①.