교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for eight months.
except that 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 wing and cargo vehicle B.
On September 14, 2018, the Defendant driven the above cargo vehicle at a speed of about 30 km from the front side of the Jinyang-gu Busan Metropolitan City to the front side of the two-lane road in front of the Jinyang-gu Busan Metropolitan City.
At the time, there is a crosswalk where a signal, etc. is installed, so the person engaged in driving service was found to have a duty of care to check whether there is a person who gets a road by reducing speed and by properly examining the right and the right and the right and the right of the person, and to drive safely according to the new subparagraph.
Nevertheless, the defendant neglected this and failed to discover the victim D (52 years old) who crosses the crosswalk from the right side to the left side of the crosswalk in accordance with the pedestrian signals and did not find the victim D (52 years old) who crosses the crosswalk from the right side in order to view the passage of the above cargo vehicle in order to view it as a stop signal.
Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence for about six months, such as dynasty strekes which require treatment.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report (1) (2);
1. Investigation report (as to an investigation into a violation of signalling vehicles);
1. Comprehensive traffic accident analysis report;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 2 (1) 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 on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type 1 (Bodily Injury resulting from Traffic Accidents) (Special Mitigation) (Special Mitigation) area (including Special Mitigation) / Cases where illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the Special School Act is serious.