교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for eight months.
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 rocketing motor vehicle.
At around 15:10 on April 2, 2016, the Defendant: (a) driven the said rocketing motor vehicle, and caused the victim to die at the Dong University Hospital located in the same 87 Si/Gun of the same day, as at 16:20 on the same day, in the event that the Defendant neglected the central line in the course of making an illegal internship to the port of non-state, while driving along one lane from the parallel of the two-lanes, the Defendant was negligent in neglecting the duty of the routing the front part of the victim’s routing routing of the front part of the router routing routing rout of the opposite routing routing rout, which was driven by the front part of the said rout routing routing routing routing rout
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. A report on the occurrence of a traffic accident, a actual condition survey report, on-site photographs, and a death diagnosis report;
1. Application of the Act and subordinate statutes to the investigation report (Scambling image output);
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. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Application of the sentencing criteria [Scope of Recommendation and Punishment] General traffic accidents in the category 2 (Death, etc. of Traffic Accidents) (hereinafter referred to as "special mitigation factors") and the area of mitigation (hereinafter referred to as "special mitigation factors"), penalty not (general mitigation factors], subscription to the comprehensive motor vehicle insurance and no history of criminal punishment;
2. In this case, the determination of sentence is that the Defendant caused a traffic accident by gross negligence with the center line, resulting in the death of young age victims, and thus, the nature of the crime is not weak.
However, it shall be taken into consideration the favorable circumstances of the defendant, such as the fact that the defendant is against the defendant, the victim's bereaved family members and the original agreement, and the fact that the defendant has no criminal records, and the social service order shall be added in light of the defendant's negligence degree, etc., and the punishment shall be determined as ordered