교통사고처리특례법위반(치상)
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 the operation of B rocketing vehicles.
On February 2, 2017, the Defendant passed the crosswalk “D” front of the “D”, which is located in 09:40 in Macheon-si C, from the side of the Sungnam Elementary School, to Mapt.
At the same time, there was a crosswalk without signal lights, so there was a duty of care to check whether a person engaged in driving of a motor vehicle gets on a crosswalk by reducing the speed of the motor vehicle and by checking well the right and the right and the right of the motor vehicle, and to safely drive the crosswalk.
Nevertheless, the defendant neglected to do so and proceeded as it is, by negligence, received the victim E's bridge which was the fronter of the above crosswalk from the right side to the left side of the above crosswalk, and exceeded the ground.
Ultimately, the Defendant suffered approximately eight weeks of medical treatment from the victim due to such occupational division and office as above.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual condition (1) (2);
1. On-site evidence and photographs;
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. The fact that the reason for sentencing under Article 62(1) of the Criminal Act is not less severe than that of the defendant, and that the victim’s damage was serious is disadvantageous to the defendant.
The punishment shall be determined for the accused in consideration of the fact that he has no record of imprisonment without prison labor or more severe punishment and that he has committed a crime.