교통사고처리특례법위반(치상)
1. The punishment of a defendant shall be determined by a credit cooperative for four months;
2.Provided, That the above punishment shall be imposed 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 drives a motor vehicle in the D SP area.
On May 26, 2017, the Defendant driven the above car at a speed of about 79 km in the speed of 14:3 on May 26, 2017, and proceeded at a speed of about 79 km from the margin to the mountainside at the speed of 49 km.
Since there is a place designated as a protective area for the elderly, the driver of the motor vehicle has a duty of care to prevent accidents in advance by accurately operating the steering direction and operating the steering system, while paying attention to the safety of the elderly at a speed of 30 km or less per hour, which is the Do to the restriction of the above zone, and as the traffic control is not supported, there was a duty of care to prevent accidents.
Nevertheless, the Defendant neglected this and proceeded at a speed of about 79 km in speed exceeding 49 km, and caused the victim E (77 cm) driving a driving F Two-wheeled Motor Vehicle driving on the right side from the left side of the horse to cross-distance from the speed of 79 km, and caused the victim to go beyond the floor by shocking the front part of the Defendant’s vehicle to the front part of the driver’s vehicle.
Ultimately, the Defendant suffered injury to the victim, such as blood transfusion, due to the above occupational negligence, during approximately eight weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Fact-finding survey report and traffic accident evidence and photographs;
1. Response to a request for appraisal;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Optional 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 of the suspended sentence [the scope of recommendation] The basic area (the decision of sentence for April to one year) of the first type of traffic accident (the injury caused by traffic accident) is not somewhat weak, but the defendant is the primary offender, the fact that the defendant purchased a comprehensive insurance policy, and the defendant's injury to the victim.