교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for four months.
However, the execution of the above punishment shall be suspended for 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 a B-Wood vehicle.
On February 21, 2020, the defendant driven the above car at around 17:10, and moved the road in front of the D in Busan Seo-gu, Busan, to the E middle school bank, from D to E middle school bank.
Since there is a crosswalk in which signal lights are installed on the front door, it has a duty of care to check whether a person engaged in driving service is walking the crosswalk by reducing the speed and by properly examining the right and the right of the road, and to prevent the accident by driving the crosswalk safely in accordance with the signals.
Nevertheless, the Defendant neglected this and shocked the left body part of the victim F (ma, 8 years old) who crosses the crosswalk installed on the right side from the left side of the running direction to the right side of the crosswalk installed on the right side by the bypassing the vehicle stop signal in violation of the vehicle stop signal.
As a result, the Defendant suffered injury to the victim, such as a ductal and ductal body felture, which requires approximately 12 weeks of medical treatment by occupational negligence as above.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report and a diagnosis report;
1. Application of Acts and subordinate statutes to a report on investigation (for image of a motor vehicle track, fluor video);
1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act;
1. The punishment shall be determined by taking into account the grounds for sentencing under Article 62(1) of the Criminal Act Article 62-2 of the Act on Suspension of Execution, the background leading to the instant crime, the degree of injury inflicted on the victim, the side of the victim, the records of the relevant crime, etc.