교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for ten 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 a fixed-line cargo vehicle C.
On July 23, 2014, the Defendant driven the above vehicle on July 7, 2014, and proceeded ahead of the road of the E station located in the E station in the city of Ansan, with the name abuse teacher distance from the view of the crime distance.
At the time of night, the defendant, who is engaged in driving of the vehicle, has a duty of care to see the front door, and to accurately manipulate the steering direction and the brake system and to prevent the accident from spreading.
Nevertheless, the Defendant neglected this and found the Victim F (37 years of age) who was crossing the road due to negligence that did not see the front side of the road, and received the front part of the Defendant’s vehicle.
As a result, the Defendant suffered serious injury to the victim due to the above occupational negligence, such as the livering of the need for treatment for about 11 months or more, and the state of unknown liverness.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the police statement concerning G;
1. The actual condition survey report;
1. Vehicles, on-site photographs, etc.;
1. A written diagnosis of injury;
1. Investigation report (report attached to a statement of opinion on whether to engage in serious injury), and statement of opinion;
1. Application of Acts and subordinate statutes of Part II to investigation reports (report attached to medical certificates, etc.) and diagnosis reports;
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Scope of Recommendation] In the case where the victim was at considerable negligence in the occurrence of traffic accidents or the expansion of damage caused by the basic area (4 to 10 months) of the first type of traffic accidents (special mitigation) (special mitigation) (the victim) / (1) the decision of sentence] the victim suffered serious injury, such as rupture which requires medical treatment for not less than 11 months, due to the instant traffic accident.