교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a Hegel car.
On May 18, 2019, the Defendant driven the above vehicle at around 10:05, and proceeded to turn to the left at the right angle from D to E, the intersection in front of Ulsan-gun, Ulsan-do.
At this point, it is a three-distance intersection where no signal, etc. is installed, and the defendant's proceeding direction is installed, so in such a case, the driver has a duty of care to check whether there is a person who gets engaged in driving service to reduce speed and to check the traffic situation on the front side and right side, and to prevent the occurrence of an accident by driving safely.
Nevertheless, the Defendant neglected to do so and did not turn to the left without looking at it well, and by negligence, received the victim F (82 years old) who crosses the crosswalk from the right-hand side of the defendant's running to the left-hand side of the crosswalk from the right-hand side of the defendant.
As a result, the Defendant suffered injury, such as the closure of a sake frame, which was accompanied by a sake, which requires approximately 12 weeks of treatment to the victim due to the foregoing occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. An accident site photograph;
1. Ctv video data around the site;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: From one month to five years of a credit cooperative;
2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 1], the injury (special person concerned] caused by traffic accidents: Reduction elements of punishment (including serious efforts to recover damage): Reduction areas (including the recommended area and recommendation range) and reduction areas, and January through August of the credit cooperative;
3. Determination of sentence: Negligence and injury;