교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for six 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.
Punishment of the crime
The Defendant is a person who is engaged in driving of the Dppher vehicle.
On February 1, 2016, the Defendant operated an above 21:00 vehicle, and proceeded ahead of the F cafeteria in the front of the F cafeteria in the city of Sejong along the one lane, and was negligent in performing the duty of Jeon-ri in the front direction, the Defendant: (a) caused the victim G’s buck part on the road due to the negligence of neglecting the duty of Jeon-ri in the front direction; (b) caused the victim to die due to brain damage and external shock.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of four Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, a traffic accident report, seven copies of photographs at the scene of the accident, a death certificate, and a photograph by cutting down a black stuff image;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Application of the sentencing criteria [the scope of the recommended sentence] general traffic accidents in the area where the sentencing criteria are mitigated (the period between April and October of a credit cooperative) (the period between April and October of a traffic accident) (the period of special mitigation) is not subject to punishment;
2. According to the sentence, the Defendant caused a traffic accident by negligence of violating the exclusive duty and resulting in a serious consequence of the death of the victim.
However, the punishment as ordered shall be determined by taking into consideration the fact that the defendant is led to confession and reflect, the fact that the victim has agreed smoothly with the bereaved family members, the fact that the victim was in the center of the road in the situation of the occurrence of the accident in this case, the fact that only one time of a fine for the defendant, the fact that only one time of a fine for the defendant, and all other circumstances revealed at the trial of this case.