교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a Cart-type car.
On April 20, 2017, the Defendant driven the above car at around 22:40, and driven the two lanes in front of the Seo-gu Incheon Metropolitan City D in the direction of the monthly merdi apartment, one lane in the direction of the German Alley apartment.
In this case, there was a crosswalk where signal lights are installed on the front door, so in such a case, there was a duty of care to confirm whether a person engaged in driving service is a person to walk the crosswalk by reducing the speed and checking well the right and the right and the right and the right, and to drive safely according to the new code.
Nevertheless, the Defendant neglected this and neglected to stop the signal, and caused the victim E (53) who was dried at the crosswalks as it was due to the negligence of disregarding and proceeding it, to go beyond the floor of the said car.
As a result, the Defendant suffered injury to the victim, such as damage to the volume of light water, which requires treatment for about six months, due to the above occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. A written opinion and a medical certificate;
1. Application of the Acts and subordinate statutes on black booms CDs
1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);
1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on Protection, Observation, etc. is that the Defendant violated a stop signal while driving a motor vehicle and neglected his/her duty to take the front direction, and thus, caused damage to the victim by shocking the victim who walked on the crosswalk pursuant to the pedestrian signals, and caused serious injury to the victim. However, since the vehicles are covered by a comprehensive insurance policy, damage to the victim is not likely to hinder the recovery of damage.