교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above sentence shall be suspended for a period of 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 of CPoter II freight vehicles.
On February 27, 2017, the Defendant: (a) was waiting to move rice located in the fluence while sitting in a driver’s seat at the front of the Emith, 09:30 on February 27, 2017, when he was waiting to load a cargo vehicle, the Defendant 1m of the fluence of the fluence at a fluence in order to secure the access road of the vehicle in the front direction.
At the time, the loading of the above cargo was continuing the work of transporting rice in the state of the victim. In such a case, even if a person engaged in driving service notified the victim of the vehicle's progress before moving the vehicle and conducts the vehicle in the manner of checking the victim's situation, there was a duty of care to prevent the accident by driving the vehicle after checking the fact that the safety of the victim was secured.
Nevertheless, the defendant neglected this and neglected to load the above cargo and caused the victim to be removed from the road next to the cargo vehicle.
As a result, the Defendant caused the victim to suffer from an infertility surgery due to the above occupational negligence, thereby causing a drop in recognition ability, language disorder, etc. or suffering from a incurable or incurable disease.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made with respect to G and H;
1. Report on the occurrence of a traffic accident;
1. A survey report on actual conditions;
1. Each report on investigation;
1. A medical certificate and a medical opinion;
1. Application of traffic accident evidence examination and photographing statutes;
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Application of the sentencing criteria [the scope of the recommended punishment] General Traffic Accidents Type 1 (Bodily Injury resulting from Traffic Accidents) (from August to 2) (Special Aggravationd Persons).