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 a period of 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 in Cmera.
On March 18, 2017, the Defendant driven the upper 06:40 on the upper 06:40, and got the front of the oil station located in Seo-gu Busan, Seo-gu to turn to the left from the right 241 way from the right visa to the right visa.
In this case, a person engaged in driving of a motor vehicle has a duty of care to safely proceed in accordance with the new code.
Nevertheless, the Defendant neglected to make a left-hand turn in violation of the signal while the signal was red, and was driving the victim FF (69 years old) who entered the intersection by violating the signal at the right-hand side of the Defendant at the right-hand side.
GNC125A Orala received victims beyond the floor.
Ultimately, the Defendant suffered injury to the victim, such as brain damage, which requires at least three months of medical treatment due to such occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service and order to attend a lecture [the scope of the sentencing guidelines] - The basic area (or from April to one year) of types of general traffic accidents - In the event of serious injury: In the event of special aggravation: Special mitigation - the victim is at considerable negligence in the occurrence of traffic accidents or the expansion of damage (the decision of sentence] even though the victim did not agree that he suffered serious injury, it is difficult to assess the fault of the defendant in the traffic accident of this case more severe than that of the victim, comprehensive insurance is purchased and deposited KRW 10 million for the victim, and the sentencing guidelines are followed.