교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for eight months.
However, 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 K5-car.
On November 13, 2019, the Defendant driven the above car on November 21, 2019, and proceeded one-lane road in front of Dobong-gu Seoul Metropolitan Government to the 2-dong community service center from the new service distance.
At the time, there is a night and a place where the center line of the yellow real-line is installed, so in such a case, there was a duty of care to thoroughly drive the motor vehicle in the front-time situation and safely drive the motor vehicle in the light of the following.
Nevertheless, the defendant neglected this and got off the center line to left left by the negligence of the left-hand turn, and was driven by the victim D(the age of 27) who is driving from the 2-dong community service center to the new service distance.
Ultimately, the Defendant suffered injury to the victim, such as the closure of the upper body of the 8 weeks of medical treatment, due to the above occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the occurrence of a traffic accident in DNA;
1. A medical certificate;
1. Application of Acts and subordinate statutes to the traffic accident report (1) (1).
1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act (Selection of Depository Punishment);
1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are against the Defendant’s mistake, the primary offender, and the fact that the Defendant’s driver’s vehicle appears to be at a certain level since the Defendant subscribed to a comprehensive automobile insurance policy, etc. In addition, taking into account the various factors of sentencing, including the Defendant’s age, character and conduct, and family relationship, the sentence shall be determined as ordered by considering the following factors.
It is so decided as per Disposition for the above reasons.