교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in CW125 Orala driving.
On March 9, 2018, the Defendant driven an over-to-face 21:59, and proceeded ahead of the E cafeteriaD in Silung-si to the Silsan Industrial Complex from the side of Silung-si.
At night, there is an intersection where signal lights and crosswalks are installed at the front of the road at night, and thus, there was a duty of care to safely drive the road in accordance with the traffic signals and prevent accidents in advance, on the other hand, to confirm whether a person engaged in driving on the off-to-road is a person driving on the road, by reducing speed, and by properly examining the front side, whether he/she is a person driving on the road or a crosswalk.
Nevertheless, the Defendant neglected to do so and caused the negligence of driving ahead of the stop signals in contravention of the signal of the stop signals, and caused the crosswalk installed on the front side to the port from the right side of the direction of the Defendant’s proceeding with the front side of the victim F, which was dried up by the pedestrian signals, to the left side of the road.
As a result, the Defendant suffered injury, such as Madern fever, which was the 8 week period of medical treatment, to the victim due to the above occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. A statement of the occurrence of a traffic accident prepared by the F;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The sentencing grounds of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures shall be determined by comprehensively taking into account the following circumstances;
Unfavorable circumstances: The illegality of an accident in a crosswalk due to a signal violation is large, and the victim's injury is not easy.
Nevertheless, there was no agreement with the victim, and only the liability insurance was subscribed.
A favorable condition: