교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for four 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 who is engaged in driving of a motor vehicle at D.
On October 17, 2015, the Defendant driven the above car at around 05:55 on October 17, 2015, and driven the road of the F Mart in front of the “F Mart” in Jeju, along the two-lanes of the waiting high school on the front side of the name rocks.
At the time, at night and a crosswalk was installed at the front door, so in such a case, the driver of the vehicle had a duty of care to see the front door and to safely proceed with the pedestrian's care.
Nevertheless, the defendant neglected this and proceeded to the right side of the passenger car of the defendant by negligence in the course of his duties, which led to the failure of the defendant to keep the road along the crosswalk from the left side of the running direction to the right side of the defendant.
Ultimately, the Defendant suffered injury, such as pulverization of body flags to the right side, which requires approximately 14 weeks of treatment due to the above occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. A H statement;
1. A traffic accident report and a report on the occurrence of a traffic accident;
1. Comprehensive traffic accident analysis report;
1. Application of Acts and subordinate statutes of a medical certificate;
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 selection of imprisonment without prison labor, concerning criminal facts;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)
1. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria shall be limited to the range of general traffic accidents (the scope of the recommended punishment] and the scope of the mitigated punishment (one to six months) (including the person who has been specially mitigated).
2. The crime of this case committed by the defendant who was sentenced to the punishment of this case where he was seriously injured to the victim by shocking the injured person on the crosswalk and causing about fourteen weeks of medical treatment to the victim, shall be the circumstances leading to the crime, the degree of damage to the victim, etc.