교통사고처리특례법위반(치사)
The punishment of a defendant shall be determined by a credit cooperative for six months.
However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
The Defendant is a person engaged in driving CK5 taxis.
On November 09, 2017, the Defendant driven the above taxi at around 01:10, and led to two-lane roads in front of the 37 lender apartment, Seo-gu, Gwangju, Seo-gu, Gwangju, to the speed of about 60km from the direction of the Office of Education of Gwangju Metropolitan City to the 21 hospital in the future.
At the time, the vehicle speed is limited to not more than 30 km per hour as a child protection zone. In such a case, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to observe the restricted speed and to prevent accidents in advance by driving the motor vehicle safely, such as ensuring that the person engaged in driving the motor vehicle is able to live well.
Nevertheless, the defendant neglected this and did not discover the victim D (59) who crosses the road to the right side from the left side of the running direction of the defendant due to the negligence in excess of the speed limit, and did not discover the victim D (59) who crosses the road to the right side, and had the victim go beyond the floor.
Ultimately, the Defendant’s occupational negligence caused the death of cerebral cerebral cerebral cerebral Bribery at a shipbuilding university hospital located in Gwangju-gu, Gwangju-gu, around November 13, 2017, by the foregoing occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Reports on traffic accidents (one, two actual survey reports), and photographs of each accident;
1. Response to a request for appraisal;
1. A death certificate;
1. Application of Acts and subordinate statutes of the tachograph;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered as favorable to the punishment):
1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;
1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the two types of general traffic accidents (the death of traffic accidents), the area of special mitigation (two months to one year) [the person who is specially mitigated] shall also be at least negligent in the occurrence of traffic accidents or the expansion of damage.