교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for one year.
However, 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 Grandroth vehicle B.
On June 22, 2019, the Defendant driven the said Lone Star vehicle on June 22, 2019, and led the front road C and the front road to a astronomical basin.
In such cases, a person engaged in driving of a vehicle has a duty of care to keep the direction of the vehicle driving, to accurately operate the steering gear and brakes, and to not drive the vehicle at a speed or in such a manner as to inflict any danger and obstacle on others according to the traffic conditions of the road and the structure and performance of the vehicle.
그럼에도 불구하고 피고인은 이를 게을리 한 채 운전하여 피고인 진행방향 좌측에서 우측으로 도로를 횡단하던 피해자 D(58세)를 위 스타렉스 차량의 앞 범퍼 부분으로 충격하여 피해자가 반대편 도로로 튕겨져 나가 위 도로를 제천역 방면에서 의림지 방면으로 직진 진행하던 E 운전의 F 소나타 차량의 앞 범퍼 부분에 충격하여 바닥에 떨어지게 하였다.
As a result, the Defendant caused the death of the victim due to the injury of the same day’s brain or chest scarcity due to occupational negligence above.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding E;
1. A report on the occurrence of a traffic accident, an accident site photograph, and an actual condition survey report;
1. A traffic accident analysis report and a traffic accident analysis and appraisal report;
1. Application of Acts and subordinate statutes of a death certificate;
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. The suspended execution recognizes and reflects the error of Article 62(1) of the Criminal Act, the bereaved family members of the victim do not want the punishment of the defendant, the vehicle of the defendant is covered by a comprehensive automobile insurance, and the defendant has no criminal records of the same kind for about 26 years.