교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
The defendant is a person who is engaged in driving a motor vehicle at a low price.
On December 1, 2015, the Defendant driven the above car at around 15:40, and turned back the front side of the Flaundry site E in Ulsan-dong-gu, Ulsan-gu, the front side of the Flaundry is about 10km from the front side of the river to the large-scale laundry site.
In such cases, the defendant who is engaged in the driving of motor vehicles has a duty of care to check the safety of career by properly examining the post.
Nevertheless, the defendant neglected this and got the victim G who was behind the passenger car due to the negligence of the defendant, and got the victim G to go beyond the floor.
The Defendant suffered by these occupational negligence a serious injury to the victim, such as cerebral cerebral cerebral typ, which corresponds to the first degree right-hand side of the brain disease.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. An investigation report (number 10, 11);
1. Application of Acts and subordinate statutes of injury diagnosis certificates and photographs;
1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;
1. 집행유예 형법 제62조 제1항(상해 정도가 매우 중하여 양형 선택을 고민하였으나, 초범인 점, 피해자와 합의하여 피해자가 피고인의 처벌을 바라지 않고 있는 점, 그밖에 기록과 변론에 나타난 범행경위, 범행 당시 상황, 반성태도 등 여러 정상을 참작하여 실형 대신 집행유예를 선택함) 양형기준 : 금고 4월 ~ 1년 ☞ 일반 교통사고 기본영역(중상해가 발생한 경우, 처벌불원)
1. Social service order under Article 62-2 of the Criminal Act;