교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above sentence shall be suspended for a period of 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 June 1, 2017, the Defendant driven the above cargo vehicle around 15:50, and proceeded at a speed of about 50 km from the galbbation bamboo heading on the eth of Sinan-gun, an Eupn-gun, an Eupn-gun, an Eupn-gun, an Eupn-gun.
At the same time, there is no signal, etc. of one lane, and at the same time, the victim C (86 tax) was driving in the front line, and therefore, the person engaged in driving service has a duty of care to maintain the safety distance with the vehicle prior to the Defendant.
Nevertheless, the Defendant neglected to do so and negligently passed the above O-to-beb, and caused the left part of the left side of the above cargo to turn to the e-mail from the bee bee and flurgy bee and left from the port side of the above cargo.
Ultimately, the Defendant, by occupational negligence, suffered from an injury to life by suffering from an injury to blood transfusion, etc. from an external wound, which does not have any wife within six weeks of open medical treatment, and suffered from an injury to life by causing danger to death, such as cognitive function disorder and cerebral injury, etc., and suffered serious injury, such as an injury to death or an incurable injury.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to a medical certificate, a statement of determination as to whether an injury exists, and a medical statement (whether it constitutes an injury);
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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] In the case where there occurs an injury in the basic area (including a person who has been specially mitigated or aggravated) (4-1 year) (including a person who has made a serious effort to recover from damage) / (1) the victim’s injury is the degree of injury.