교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Criminal facts
The Defendant is a person engaging in driving a rocketing car.
On February 21, 2017, the Defendant driven the above car at around 15:50 on February 21, 2017, and proceeded forward the front road of the Hyundai Motor Culture Center located in the 601 North-gu, Ulsan Metropolitan City, Ulsan Metropolitan City, to the 30km speed from the site of the Hyundai Motor Complex to the Modern Motor Culture Center.
Since a crosswalk is installed at each place, there was a duty of care to safely drive a motor vehicle after checking whether a person engaged in driving the motor vehicle is a person who will reduce the speed in advance, and whether he/she is a person who will cross the front door and the left door well.
Nevertheless, the Defendant neglected to do so and proceeded along as it is, by negligence, received the part of the victim C (the 54 years old)’s right bridge from the right side of the proceeding to the left side of the crosswalk from the direction of the proceeding to the front gate of the Defendant’s vehicle.
As a result, the Defendant caused the victim to suffer from the above occupational negligence by causing the victim to suffer a mination of pulvers in the 5th part of the right satisfaction, which requires approximately seven weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of victim C;
1. A traffic accident report, drug map at the scene of a traffic accident, actual condition survey report, and photographs related to a traffic accident;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor, concerning criminal facts;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of applicable sentences by law: One month to five years; and
2. Application of the sentencing criteria [type determination] General Traffic Accidents in the following categories: (a) the basic area [decision on the sphere of recommendation] of the type 1 (the scope of recommendation] of traffic accidents [the scope of recommendation] [the scope of punishment] from April to one year [the general sentencing person] - the comprehensive vehicle insurance policy for mitigation factors - the case in which serious injury, other than injury, occurs (one type) among the aggravated factors, falls under the proviso of Article 3(2) of the Act on Special Cases concerning Traffic.