교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for eight months.
Punishment of the crime
The defendant is a person who is engaged in the duty of driving B cargo vehicles.
On November 20, 2018, the Defendant driven the above cargo vehicle and proceeded to turn to the left at a speed of about 20 km at a speed of about 10 km from the slope of C High School to the intersection in front of the original 27-dong community service center located in Seocheon-si, 127, Seocheon-si.
At the same time, the victim D(n, 83 years old) cross-passs four-lanes from the intersection to the intersection of E Apartment to the restaurant of 'F'. At that time, the traffic control by signal apparatus, etc. is not carried out, and the victim D (n, 83 years old) cross-sections to the intersection of E Apartment.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance due to driving of the motor vehicle after checking whether there are other motor vehicles or pedestrians driving along the intersection by driving slowly and securing a view through the intersection.
Nevertheless, the Defendant neglected this and proceeded to turn to the left, but did not regard the victim who was crossing the roadway as above on the left side of the proceeding, and shocked the victim's body by the front part of the above cargo vehicle.
Ultimately, the Defendant suffered from serious injury on the part of the victim, such as blood transfusion, samaf, dementia, etc., due to the above occupational negligence, in which there was no open wound in the two medical treatment days.
Summary of Evidence
1. Partial statement of the defendant;
1. The police statement concerning G;
1. Investigation report (the intermediate care hospital for the head of the strike);
1. A report on investigation (overshore investigation and evidence list Nos. 22) and a statement of opinion attached thereto (overboard 23);
1. The actual condition survey report;
1. A medical certificate;
1. Application of Acts and subordinate statutes to CD attachment (accident image);
1. Determination as to the assertion by the Defendant and his/her defense counsel regarding the relevant criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act
1. The alleged defendant and his defense counsel shall be between serious injury and accident.