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 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 benz car.
On May 31, 2017, the Defendant was driving the above vehicle on the front of Busan, Seocheon-si, Seoul at the direction of the Sacheon-si Sacheon-si distance.
At the time, night and its location are 60 km speed, so there was a duty of care to prevent accidents by complying with the restricted speed and operating the steering gear and brakes accurately.
Nevertheless, the Defendant neglected this and led the victim to go beyond the floor of the victim D(20) driving in the opposite direction while moving to approximately about 44.5 km per hour more than 104.5 km per hour, and the front part of the victim D(20) driving the signal waiting in the opposite direction.
As a result, the Defendant suffered injury, such as felling on both sides of the mouths requiring approximately eight weeks of medical treatment, due to such occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. A statement F and D;
1. A traffic accident report;
1. A traffic accident analysis report;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;
1. The grounds for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act include: (a) negligence on the part of the defendant driving a vehicle in excess of 44.5km; (b) the degree of injury of the victim is not less than that of the victim; (c) the defendant has no record of punishment exceeding the fine; (d) comprehensive insurance is covered; (e) his mistake is against the victim; and (e) the victim has agreed with the victim, the same sentence as the order shall be determined by taking into account various factors for sentencing