교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above sentence shall be suspended for a period of 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 of C and freight cars.
On May 18, 2017, the Defendant driven the above cargo vehicle on May 16:15, 2017, and led to the driving distance of the Hansung apartment in Pyeongtaek-si games, directly from the same east-si Police Station.
The location is a private-distance intersection where signal lights and crosswalks are installed, so in such a case, the driver of the vehicle had a duty of care to look at the right and the right and the right of the driver of the vehicle well and to safely proceed in accordance with the new signals.
Nevertheless, the Defendant neglected this and neglected to enter the intersection, which was caused by the negligence of entering the intersection, and the victim D (13 cc, female) crossing the crosswalk from the right side of the direction to the left side of the road to the left side of the pedestrian signals, was shocked with the front part of the Defendant vehicle.
As a result, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., 16 weeks cerebral cerebral cerebral typosis, open entital typosis, dyposis, etc.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A survey report on actual condition and an accident scene photograph;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Selection of Imprisonment without prison labor;
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (within the scope of the recommended sentencing criteria) of the suspended sentence;
1. The application of the sentencing criteria [the scope of the recommended punishment] the basic area (including a person who has been specially mitigated) (including a serious effort to recover damage) of the category 1 (the injury caused by a traffic accident) in general traffic accidents / Where the illegality in Article 3 (2) (excluding subparagraph 8) of the Act on the Special Cases of School Traffic is serious, or in the case of a motor vehicle accident in distress;
2. The fact that the degree of fault of the defendant in the decision of sentence and the degree of injury of the victim are considerably serious and is against the unfavorable circumstances, which is the first offender.