교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for ten 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 of a wing-III truck.
On May 3, 2018, the Defendant driven the above vehicle at around 10:15 on May 3, 2018, and turned back to the front parking lot in front of the building in Seocho-gu Seoul Metropolitan Government at the street and pedestrian road.
Since there is a passage of pedestrians, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving service while living well in the surroundings.
Nevertheless, the defendant neglected this and did not live well in the surrounding area, and went through the same place by negligence, and caused the victim to go beyond the land by shocking the above cargo lane.
Ultimately, the Defendant, by occupational negligence, caused the victim to be in an unidentified state due to cerebrovascular surgery between brains that require at least three months of medical treatment, thereby causing danger to his/her life or making him/her be dysculed, and suffered serious injury, such as causing a incurable or incurable disease.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. Related photographs;
1. A CCTV CD;
1. Each written diagnosis (D);
1. Application of a statement of intention (whether serious injury is involved) and one-time newspaper to Acts and subordinate statutes;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of
1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;
1. Scope of punishment by law: One to five years of imprisonment without prison labor;
2. Extent of recommendation [decision of type] according to the sentencing criteria for traffic crimes: General traffic accident [Type 1] causing a traffic accident (including a person who has made a special appearance): Reduction element of punishment not (including a serious effort to recover damage): In cases where a serious injury has occurred (the scope of recommendation area and recommendation area] basic area, April through one year;
3. Sentence;