교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.
Punishment of the crime
The Defendant is a person engaged in the operation of B rocketing taxi vehicles.
On May 4, 2019, at around 00:05, the Defendant came to go straight from the registry office to E the front distance in Gyeyang-gu Incheon Metropolitan City C.
Since there is a temporary suspension traffic sign, the driver of the motor vehicle has a duty of care to temporarily stop the person who is engaged in the driving of the motor vehicle and to prevent the accident by safely operating the motor vehicle.
Nevertheless, the Defendant neglected to temporarily stop while driving without temporarily stop, received the victim H (L, 61 years old) who gets a bicycle riding on the right side from the FF Association, the left side of the Defendant’s vehicle driving direction, from the G apartment to the right side, and suffered from the victim’s injury to the ground of mincation in the upper part of the upper part in need of treatment for about 10 weeks.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of H;
1. The actual survey report and the occurrence of traffic accidents;
1. A medical certificate;
1. Application of Acts and subordinate statutes governing accident site photographs;
1. Article 3(1)1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3(2)1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Punishment, Article 268 of the Criminal Act, and Article 268 of the select of imprisonment without prison labor [In full view of the evidence duly adopted and examined by the court, the defendant's entry to the intersection without temporarily suspending despite the instruction of safety signs, and the victim also entered the intersection, without temporarily stopping the bicycle, and the defendant shocked the victim's bicycle in front of the vehicle at the intermediate point. Thus, the defendant's act of violating the safety signs for temporary suspension as above constitutes the cause of the traffic accident of this case. Thus, the defense counsel's argument that the prosecution of this case should be dismissed is not accepted].