교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above punishment shall be suspended for 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 motor vehicle in a stitu area.
On March 29, 2016, the Defendant driven the above vehicle on March 29, 2016, and led the Korea Gas Corporation, which is located in 155 Jeju Jeju Jeju Jeju-do, Jeju Jeju-do, to drive the front road of the pharmacy control office at the speed of 78km each hour between the two lanes in the direction of the air industrial complex from the coastside.
The above road is a place where the speed limit is 60km per hour, and the defendant's running direction had a private street crossing, and the yellow wave has turned on, so the defendant engaged in driving of the motor vehicle has a duty of care to check whether the motor vehicle has entered the intersection and to prevent the accident by reducing the speed, as well as to check the right and the right of the front side of the motor vehicle, and to prevent the accident by reducing the speed.
Nevertheless, the Defendant was negligent in performing his duty of Jeonju without reducing speed and was negligent in doing so, and the Defendant was driving on the right side from the left side of the running direction to the right side of the victim E(77 years old) who was driving on the left side of the said intersection by the victim E(7 years old) who was driving on the left side of the said intersection, and the Defendant was driving on the front part of the said car and caused the victim to fall off to the road.
As a result, the Defendant suffered salke and brain damage to the victim through occupational negligence above, and the victim suffered treatment on May 3, 2016 by G hospital located in Seo-gu Incheon, Seo-gu, Incheon, resulting in the death of the salkes.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. The police statement of H;
1. An investigation report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, a postmortem investigation report, and a comprehensive analysis report on traffic accidents;
1. A death certificate;
1. Application of photographs, field photographs, and Acts and subordinate statutes governing the commencement of victims of an accident;
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the scope of recommending punishment) are general.