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 one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person who is engaged in driving a liquid sports vehicle B.
On September 26, 2019, the Defendant driven the above vehicle on September 11, 2019, and moved the front road in front of Gwangju Northern-gu C from the Doung-dong bank to the Doung-dong bank.
Since a crosswalk is installed on the front side, in such a case, a person engaged in driving a motor vehicle has a duty of care to drive the motor vehicle after checking whether there is a person to build the crosswalk by reducing the speed and by properly examining the front, rear, and left.
Nevertheless, the Defendant, by negligence of neglecting the duty of front-way, discovered the victim D (the age of 72) with the right side of the Defendant’s vehicle from the right side of the road, left right side of the Defendant, and shocked the victim’s body in front of the right side of the Defendant.
Ultimately, the Defendant caused the victim to suffer injury, such as pressure pressure at the first place in need of approximately 12 weeks of treatment by occupational negligence as above.
Summary of Evidence
1. Defendant's legal statement;
1. A E-document;
1. A traffic accident report;
1. A comprehensive analysis of traffic accidents;
1. An accident site photograph;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including circumstances, etc. described in the following reasons for sentencing);
1. Scope of punishment by law: From January to five years of imprisonment without prison labor;
2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the general traffic accident [the category 1] the injury [the special person] of traffic accident - the mitigated element: the mitigated element (including serious efforts to recover the damage] [the recommended field and the scope of recommendations] mitigated area, the credit cooperative from January to August (the general person] mitigated element: the comprehensive motor vehicle insurance policy - the aggravated element: Article 3 of the Special Act on the Settlement of Traffic Accidents.