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 two years from the date this judgment becomes final and conclusive.
Criminal facts
The defendant is a person who is engaged in driving Obaba in C.
On September 26, 2017, the Defendant driven the off-to-face 23:40 on September 26, 2017, and made the front distance in D in Suwon-si, Suwon-si, to turn to the left from the right line shooting distance.
Since the location is an intersection where traffic signals are installed, there was a duty of care to prevent accidents by safely proceeding in accordance with the new code to a person engaged in driving motor vehicles.
Nevertheless, the Defendant neglected this and went through the safety zone connected to the agricultural and fishery products market at the remote distance protection area in accordance with the new subparagraph by negligence in violation of the signal of the red signal, and received the full part of GOtoba, which is driving by the Defendant, as part of the left side of the Defendant, the front part of the GOtoba, which is driving by passing through the safety zone connected one lane from the remote distance protection area of the agricultural and fishery products market (31 ).
Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the left-hand sliding of the opening of a slid which requires approximately 14 weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. A traffic accident report;
1. Application of Acts and subordinate statutes to certificates of diagnosis, medical records and certificates;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Persons who are subject to special mitigation (from January to August) in the mitigated area (from January to August) of the type of general traffic accident that is subject to the sentencing criteria: No penalty shall be imposed;
2. The defendant who was sentenced to the sentence caused the instant accident by negligence while driving the Ortobane, and the fact that the victim suffered serious injury is disadvantageous to the defendant.
However, the fact that the defendant is divided and reflected in the crime of this case, the fact that the defendant agreed with the victim only smoothly, and the fact that the defendant was subject to criminal punishment.