교통사고처리특례법위반(치상)
Defendant shall be punished by imprisonment without prison labor for eight 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 of BCA110E motor bicycles.
On November 1, 2018, around 15:25, the Defendant was driving in front of the Gu C apartment Ddong, in the direction of three lanes from the E-section to the private white distance protection area.
At all times, signal lights and crosswalks are installed, so in such cases, a person engaged in the driving of a motorcycle has a duty of care to prevent accidents by returning the front door well and safely driving the motorcycle in accordance with the new code.
Nevertheless, the Defendant neglected to do so and did not walk on the front side, and did so, the Defendant got left side of the victim F (six years of age) who dried the crosswalk normally from the right side of the direction of the Defendant, according to the pedestrian signals, to the front side of the said motorcycle.
As a result, the Defendant suffered injury to the victim, such as “mathing and closing of the frame,” which requires approximately five weeks of medical treatment due to occupational negligence as above.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. The actual condition survey report;
1. Each written diagnosis;
1. Application of the Acts and subordinate statutes concerning CCTV images to G gas stations;
1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):
1. Aggravation of the punishment according to the sentencing guidelines [the determination of types] the scope of recommendation [the person in general traffic accident [the person in special form] caused by traffic accident [the person in special form] under the proviso to Article 3 (2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents: Where illegality in the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious [the area of recommendation and the scope of recommendation] increased area, eight months to two years (the increased factor in general form] increased area: Where serious injury
2. Circumstances unfavorable to a ruling of sentence: The defendant;