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 became final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving of a car in B SP area.
On May 23, 2017, the Defendant driven the above car at around 14:30 on May 23, 2017, and moved the sidewalk at the front of the D, which is located in C at the time of the strike, to the branch road.
Since there is a place where a sidewalk for pedestrian traffic is installed, a person engaged in driving a motor vehicle shall not be allowed to commit a crime, and where it is necessary to commit a crime due to unavoidable circumstances, a person engaged in driving a motor vehicle has a duty of care to stop in front of the sidewalk, and to drive a motor vehicle after checking whether there is no person walking on the sidewalk by checking the front and left well.
Nevertheless, the defendant neglected to do so and did not avoid the victim E (the age of 44) who walked the above report due to the negligence of the defendant's failure to do so, and the defendant took the birth of the victim with the wheels in front of the car of the defendant.
In the end, the Defendant suffered injury to the victim due to the above occupational negligence during approximately eight weeks from the pressure trapsing to the right side, the upper and lower level, and the front and lower level.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. Reports on traffic accidents and reports on the occurrence of traffic accidents;
1. Application of Acts and subordinate statutes (E);
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;
1. The Defendant’s negligence, which did not properly examine the left and right in the report of the reason for sentencing under Article 62(1) of the Criminal Act, is more serious, the degree of injury suffered by the victim is also more serious, and the victim did not agree with the victim.
However, in consideration of the fact that the defendant deposited KRW 10 million for the victim, and the defendant is the first offender who has no criminal history, the punishment shall be determined as ordered by the order.