교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment 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 driving a truck B.
On May 1, 2018, the Defendant, around 06:16, proceeded along three-lanes from the direction of the E school to D, the front intersection of D in Seojin-gu, Hongjin-gu, Seoul.
Since there is an intersection where a signal apparatus is installed, there was a duty of care for a person engaged in driving service to drive safely according to the signals.
Nevertheless, the Defendant neglected this and proceeded as it was, while disregarding that the signal, etc. was changed to a red signal, and shocked to the front part of the Gone Star bus driven by the victim F ( South, 60 years old) driving to the test site of driver's license in accordance with the new subparagraph.
Ultimately, the Defendant suffered from an injury of blood transfusion due to the above occupational negligence by the injury of the Defendant, which caused the injury of the said victim to the injury of the said victim, with the absence of two openings in the two cases requiring approximately eight weeks medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. An accident scene photograph;
1. A report on investigation;
1. Commission reply -F
1. Application of Acts and subordinate statutes;
1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;
1. Reasons for sentencing under Article 62(1)2 of the Act on the Suspension of Execution of the Social Service Order under Article 62(1) of the Criminal Act [the scope of recommendation] The basic area (4-1 to 1 year) of Article 62-2 of the Social Service Order Act (hereinafter “Aggravated Punishment”) (including a special mitigation (i.e., efforts to recover damage)] / In the case where illegality in Article 3(2) proviso (excluding subparagraph 8) of the Act is serious, or in the case of bad driving (i.e., a decision of sentence] in the case of a traffic accident in violation of the signal and resulting in a relatively serious injury to the victim.
However, it has recently been covered by comprehensive insurance.