교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for not less than five months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
On July 27, 2020, at around 16:10, the Defendant driven a B B Poter, and proceeded to turn to the left at the seat of the office of the Eup/Myeon office located in the off of the public parking lot of the Association, the Defendant had a duty of care to check whether a person engaged in driving a motor vehicle has a road at a crosswalk where no signal, etc. is installed, and to check the speed of the motor vehicle and to check it well at the front place, and to proceed with the passage or way of the vehicle by temporarily stopping the vehicle, if there is a person who walks the crosswalk.
Nevertheless, the Defendant did not find out the Victim F (M, 67 years old) who passed the crosswalk to the port from the right side of the Defendant’s direction by neglecting his/her duty to turn to the left at the front of the road and caused the Defendant to suffer bodily injury, such as the mouth of the two weeks in need of the victim’s left body due to shocking the front part of the Defendant’s vehicle.
Summary of Evidence
1. Defendant's legal statement and internal investigation report (victim F telephone communications);
1. Application of Acts and subordinate statutes, such as a traffic accident report, a photo at the scene of the accident, and a photographic photo to a crime preventionCCTV image fash;
1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;
1. The sentence of imprisonment without prison labor shall be selected in consideration of the gravity of occupational negligence of the defendant for the reason of sentencing under Article 62 (1) of the Criminal Act and the degree of injury of the victim, and shall be reflected in the circumstances unfavorable to the determination of the term of punishment;
However, it is advantageous to the fact that the defendant confessions and reflects the crime, sufficient compensation for the victim, and the victim does not want the punishment of the defendant, and there is no criminal record of suspended execution or more.