교통사고처리특례법위반(치상)
1. The defendant shall be punished by imprisonment without prison labor for six months;
2.Provided, That the above sentence shall be executed for one year and six months from the date this judgment becomes final and conclusive;
Punishment of the crime
On April 27, 2020, the Defendant tried to make a round to the original-dong bank, while driving a B Saturdays car on April 27, 2020 and driving it from the D Elementary School located in Seocheon-si C, to the private-distance intersection in front of the D Elementary School located in Seocheon-si C, and from the E market protection area, the Defendant tried to make a round to the original-dong bank.
At all times, the signal lights and crosswalks were cross-sections, and the vehicle signal apparatus installed in front of the defendant's direction is green light, so the driver of the vehicle has a duty of care to stop in front of the crosswalk in order to prevent the accident by driving the vehicle safely in accordance with the new code because the signal apparatus for the vehicle was changed to green light, so that the driver of the vehicle can not obstruct the passage of the pedestrian or endanger the safety of the pedestrian.
Nevertheless, by occupational negligence, the Defendant, in violation of the signal, carried a stop line and crosswalk on the red signal in order to pass off the crosswalk after passing the crosswalk, caused the victim F (7 years old) who was standing the crosswalk in accordance with the pedestrian green signal to the right side from the left side of the direction of the defendant's course, to go beyond the road by taking out the victim F (7 years old) who was standing the crosswalk in line with the pedestrian green signal.
Ultimately, the Defendant suffered injury to the victim, such as pressure duplicating the need for medical treatment for about 12 weeks due to such occupational negligence.
Summary of Evidence
1. A written statement of the defendant in court;
1. Application of Acts and subordinate statutes to a survey report on actual conditions, accident site photographs, and medical certificate;
1. Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was that the defendant driven without complying with the signal and shocked the victim who dried the crosswalk.