교통사고처리특례법위반(치상)
Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The Defendant, at around 17:20 on August 2, 2019, driven a Bchip and driven a motor vehicle, and turned the three-lane road in front of Gwangju City, Gwangju City, into approximately 50-60 km in front of the city, from the first direction to the second direction.
In such cases, a person engaged in driving of a motor vehicle shall not change course when it is likely to impede normal traffic of other motor vehicles running in the direction of change, and he/she has a duty of care to inform the direction change in advance, and to prevent accidents in advance by safely changing the lanes as he/she has notified the direction change in advance.
Nevertheless, the defendant neglected this and caused the damage to the left side of the EMW two-wheeled vehicle driven by the victim D (the age of 37) who is in progress from the vehicle behind the defendant's vehicle due to the negligence of bypassing it to the three-lanes.
The Defendant got injury to the victim by his occupational negligence during approximately 14 weeks of medical treatment, such as cutting down 1 balance of the first balance of the left-hand side, which is in need of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Application of Acts and subordinate statutes to the actual survey report, traffic accident occurrence report, on-site photographs, and medical certificate;
1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 4 (1) and Article 4 (2), and Article 268 of the Criminal Act concerning the selection of punishment for a traffic accident;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The Defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, committed a traffic accident due to his or her negligence while driving a motor vehicle, thereby causing severe injury to the victim, such as cutting down his or her fingers.
However, the defendant is the first criminal without criminal punishment, and the damage has been expanded due to the continuous driving of the victim.