교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for four 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 a B-learning car.
On July 6, 2020, the Defendant driven the above car on July 6, 2020, and proceeded to turn to the left at the front of the D crosswalk in Chuncheon City, in accordance with one-lane from the Chuncheon Viewing side to the Korean Red Cross.
At the same time, there is a crosswalk that does not have any signal lights connected to the intersection, so there was a duty of care to check whether a person engaged in driving of a motor vehicle is a person driving the motor vehicle, and to accurately manipulate the steering direction and the brake system and prevent the accident in advance.
Nevertheless, the defendant neglected to do so and followed the part of the victim E (the age of 64) who was standing a crosswalk from the right side of the defendant's proceeding to the left side by his negligence, which led to a shock of the victim E (the age of 64).
Ultimately, the Defendant suffered injury to the victim, such as the embalone week of treatment due to such occupational negligence.
Summary of Evidence
1. Report on the occurrence of a traffic accident by a defendant's statutory statement, on-site map of the traffic accident, on-site survey report, on-site photo B cream (accident face page);
1. E statements;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, selection of imprisonment without prison labor;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on the grounds of sentencing under Article 62 (1) of the Suspension of Execution Act;
1. Scope of punishment by law: From one month to five years of a credit cooperative;
2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 1], the injury (special person in charge] of traffic accidents, - the mitigation element: In the area of mitigation [the scope of recommendation area and recommendation range], reduction range], in the area of mitigation [the scope of recommendation area and recommendation range], in January through August [the general person in charge] - the mitigation element: Purchase of comprehensive motor vehicle insurance - the aggravation element: other factors.