교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a low-speed car B.
On May 14, 2016, the Defendant driven the above car on May 15:35, 2016, and proceeded ahead of the sublimfe park in Yongcheon-si, Sungcheon-si, Seocheon-si, with one-lane distance from the Central Sacheon-si.
When there is no vehicle signal apparatus and pedestrian signal apparatus, and when operating a place to a place where a crosswalk is installed on the floor of the road, the person engaged in driving service shall temporarily stop in front of the crosswalk in order to prevent pedestrians from crossing or at risk, if there is a pedestrian passing the crosswalk by checking well the right and the right and the right.
Nevertheless, the defendant did not find out the victim C (three years) who passed the crosswalk from the right side of the course to the left side of the vehicle due to negligence when driving the vehicle by neglecting this, and the victim conflicts with the front part of the vehicle.
As a result, the Defendant suffered serious injury to the victim, such as “hymathy, speech functional disorder, and fall in recognition function,” etc. due to such injury.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to practical survey reports and respective internal investigation reports (No. 14, 20 through 22 on the evidence list);
1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents of Type 1 (Aggravated Injury resulting from Traffic Accidents) (Aggravated Punishment) (Aggravated Punishment Person who is a Special Mitigation) / In the event of serious injury (including a serious effort to recover from damage) / (Aggravated Punishment Decision) / The sentence is rendered in the following circumstances and the defendant’s age, character and conduct, family relation, family environment, motive and means of crimes, circumstances after crimes, etc.