교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for eight months.
except that 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 a Bchip car.
around 00:58 on May 30, 2019, the Defendant operated a free-to-land car from the private distance in Incheon Jung-gu Incheon Metropolitan City Incheon Port, and continued to turn to the left at the first highway from the new interest-to-hand bank.
Although there was a separate left-hand turn signal, the Defendant’s moving direction signal was a straight signal, and the signal of the direction to the side of the expressway, which was the first square distance, was prohibited from left-hand by red signal, and the victim C(64 years old) was driving on the opposite lane, and thus, the driver of the motor vehicle was obliged to pay attention to prevent accidents by driving the motor vehicle safely after stopping the left-hand turn on the left-hand lane in accordance with the new code.
Nevertheless, the Defendant neglected this and went to the left immediately in violation of the signal and received the front part of the Defendant’s vehicle as the front part of the vehicle.
As a result, the Defendant suffered injury, such as paralysis, etc. due to serious brain damage, which could not be known to the victim due to such occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. The actual condition survey report;
1. Application of the legislation in its opinion;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Sentencing (Determination of Punishment) [Attachment Sentencing] < by Act No. 1138, Feb. 1, 01; Act No. 1358, Apr. 1, 201; Act No. 1358, Feb. 201; Act No. 13364, Feb. 3, 2011>
2. When the accused who has made a sentence turn to the left violates the signal;