교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for eight 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 W125 motorcycle.
On January 20, 2020, the Defendant driven the above motorcycle at around 19:30, and proceeded at about 60 km each hour from the c apartment door to D with three lanes each of the three-lanes in the 345th in the future of the Pakistan.
At night, there are crosswalks where signals, etc. are installed at front of the night, so in such a case, it was necessary to confirm whether a person engaged in driving of a motorcycle is a person to reduce the speed and to see well, and to safely drive the motor vehicle according to the traffic signal, and to prevent the accident in advance.
Nevertheless, the Defendant neglected this and found the victim E (the age of 56) to the right side on the left side by using the crosswalk in accordance with the pedestrian signals by negligent negligence in violation of the signal, and operated it rapidly to avoid it. However, the Defendant did not avoid it, and had the victim go beyond the ground by receiving the victim as a motorcycle driving by the Defendant.
As a result, the Defendant suffered injury to the victim due to the above occupational negligence during about 10 weeks of medical treatment, from the right-side saver saves which require treatment.
Summary of Evidence
1. Defendant's legal statement;
1. A medical certificate;
1. Photographs of the accident site;
1. The application of Acts and subordinate statutes to the report on traffic accidents (1) and the report on actual condition of traffic accidents (2) and the report on actual condition of traffic accidents;
1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;
1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;
2. The scope of recommended sentencing guidelines (the determination of types) shall be limited to traffic accidents in general;