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 became final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a C-A-hurd motor vehicle.
On December 9, 2017, the Defendant driven the above car at around 14:10 and continued the front of the road D located in Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-gu from the boundary of the main office of the iron.
At a place where a crosswalk is installed, there was a duty of care to prevent accidents in advance by driving a motor vehicle safely, such as reducing the speed for the person engaged in driving the motor vehicle, taking the front side and the right and the right of the motor vehicle, and sending the pedestrian first, if there is a pedestrian who drives the crosswalk.
However, the Defendant neglected to do so and followed the victim F (the age of 24) who was standing a crosswalk on the left side from the right side of the Defendant’s proceeding to the front part of the Defendant’s vehicle.
As a result, the Defendant suffered approximately nine weeks of medical treatment from the victim due to the above occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. Fact-finding survey report and report on the occurrence of any traffic accident;
1. A medical certificate;
1. Application of Acts and subordinate statutes governing accidents;
1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)
1. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] general traffic accidents, types 1 (person subject to special mitigation of traffic accidents) and no penalty (the scope of recommended punishment] shall be mitigated, the area of reduction of punishment by imprisonment without prison labor for not less than one month but not more than eight months;
2. The Defendant, by his negligence, sustained an injury to the victim who saw the crosswalk.
The degree of injury suffered by a victim shall not be less than that of the victim.
However, the defendant is against his or her will to recognize his or her mistake.
The injured party shall be the defendant by the unanimous agreement with the injured party.