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 one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person engaged in driving a village bus No. 533.
On July 25, 2017, the Defendant driven the above village bus around 11:25 on July 25, 2017, and proceeded ahead of the Incheon Southern-gu D in the direction of the water market at a speed of about 25 km in the direction of the entrance of the water market.
At the time, the defendant was driving on the front side of the victim E (82). Therefore, the driver of the motor vehicle had a duty of care to take a look at the front side and the left side, and to accurately manipulate the steering and the steering system of the motor vehicle to prevent the accident in advance.
Nevertheless, the defendant neglected this and got the victim's bicycle on the left side of the defendant's vehicle due to the negligence of changing the course to a two-lane to overtake the victim.
After all, the defendant suffered injury while cutting down the right bed down to the victim due to such occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement protocol (short traffic) made by the police to E;
1. A report on investigation (Attachment of a certificate of disability diagnosis);
1. Application of Acts and subordinate statutes (E);
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [the scope of recommendation] of the general traffic accident / [the scope of recommendation] of the basic area (4-1 to 1 year) (including special mitigation) / In the event of serious injury (including efforts to recover damage), (1) / (1) the sentence is determined] of the defendant’s age, sexual behavior, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc. under the following circumstances, the sentence is determined as shown in the Disposition.
A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.