교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a B-learning car.
On September 14, 2017, the Defendant driven the above car at around 13:50 on September 14, 2017, and made a left-hand turn to the left-hand turn at about 40 km of speed depending on the front side of the apartment commercial building located within the 282-lane in Korea from the shooting distance room in Korea to the front side of the apartment commercial building located in Korea.
At the same time, the crosswalk was installed at the front of the road, so in such a case, the driver of the vehicle had a duty of care to safely drive the road after checking whether the driver of the vehicle had a pedestrian who was engaged in driving the vehicle, and to safely drive the road by reducing the speed.
Nevertheless, the Defendant did not discover the victim C (A, 34 years old) who had a crosswalk set up on the right side from the left side of the direction of the defendant's running by negligence of duty and left left as it is, but did not discover it, and the victim was set up with the front part of the defendant's car.
Ultimately, the Defendant caused the victim to suffer injury, such as flaverization of flaversing on the right side in need of approximately 10 weeks of treatment due to such occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of the occurrence of a traffic accident C;
1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a photograph related to accident;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of the recommended punishment according to the sentencing guidelines of the Supreme Court [the scope of the recommended punishment] general traffic accidents in the range of Class 1 (Bodily Injury resulting from Traffic Accidents) (one month to eight months) [the person subject to special mitigation] punishment is not imposed (including the person subject to serious efforts to recover damage);
2. The decision-making defendant has caused a traffic accident against the victim who dried the crosswalk, and the degree of injury suffered by the victim.