교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for six 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 motor bicycle BPD125A.
On April 19, 2020, the Defendant driven the above two-wheeled vehicle on April 20, 2020, while driving the two-wheeled vehicle, led to the passage of the two-way road in front of the D convenience point in Busan Metropolitan City.
At the time, a crosswalk is installed at night and there is no signal signal at the front door, so in such a case, the driver of the motor vehicle has a duty of care to check whether there is a person walking the crosswalk well by checking the front door, and to accurately operate the brake and the steering gear so as to prevent the accident in advance by safely driving it.
Nevertheless, when the defendant neglected this and proceeded without viewing the pedestrian walking along the crosswalk, the defendant got the victim into the ground by taking the front wheels of the above-wheeled vehicle driving by the defendant on the right side of the victim F (the south and the age of 51) who crosses the crosswalk at the right side from the left side of the road where the defendant is driving.
As a result, the Defendant suffered injury, such as the mouth of the body booms, accompanied by the non-alleys that require approximately 14 weeks of treatment, due to the above occupational negligence.
Summary of Evidence
1. Application of Acts and subordinate statutes to police statements concerning F of the defendant's statutory statement of the defendant, reports on the occurrence of traffic accidents, photographs at the scene of accident, and reports on actual condition;
1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;
1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act refers to the injury inflicted by the Defendant resulting in a traffic accident while driving a motorcycle, resulting in about 14 weeks of treatment.