교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for six months.
Punishment of the crime
The defendant is a person who is engaged in driving a C low-est car.
On October 6, 2012, the defendant driving the above car at around 07:43, and driving it along the low-gu bank street located in the Sung-si in the Sungsan-si in the Sungsan-si in the Simsan-si in the Simsan-si in the Simsan-si, the defendant, along the two-lanes of the two-lanes from the breadth of the coastal road to the low-gu bank distance.
At that time, the speed limit is 80 km per hour, and the victim D (72 years of age) was driving a bicycle in front of the direction of the defendant's driving, so the defendant engaged in the driving of the motor vehicle has a duty of care to prevent accidents in advance by complying with the speed limit and accurately operating the steering and brakes while driving the steering.
Nevertheless, the Defendant neglected this, while driving a limited speed exceeding 23 km, found the victim’s bicycle that changed the direction from the three-lane to the two-lane by negligence while neglecting it, and avoided it to the left-hand side, and therefore, the Defendant received the victim’s bicycle in front of the said passenger car.
Ultimately, the Defendant suffered from a serious injury to the victim due to such occupational negligence during about twenty weeks of medical treatment.
Summary of Evidence
Application of Acts and subordinate statutes to Defendant’s legal statement, actual condition investigation report, and diagnosis report;
1. 범죄사실에 대한 해당법조 및 형의 선택 교통사고처리 특례법 제3조 제1항, 제2항 단서 제3호, 형법 제268조, 금고형 선택 양형이유 ▷진지한 반성, 형사처벌 전력 없음, 상당금액 공탁, 종합보험에 가입되어 있음, 무단 횡단하던 피해자의 과실 경합(유리한 정상), ▷그러나 피고인이 제한속도를 준수하고, 전방주시를 보다 철저히 하였더라면 사고를 회피할 수 있었던 상황으로 보이고, 피해정도 중함, 미합의 등을 고려하여 실형을 선고함. ▷다만, 도망 염려가 크지 않고...