교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving of D SP car.
At around 09:40 on September 22, 2016, the Defendant proceeded with the intersection on the side road of the F convenience point in Suwon-gu, Suwon-si, Sinwon-si, without distinguishing between the roadway and the sidewalk, from the front side of the sidewalk.
At that time, the passage and crossing of the person are frequently carried out as side roads, and the victim G (at the age of 59) takes the left side from the front side of the Defendant vehicle to the left side, so in such a case, a person engaged in driving service has a duty of care to ensure safe operation by accurately manipulating the front side and the left side and the left side, and thus, the person engaged in driving service has a duty of care to properly operate the steering gear.
Nevertheless, the Defendant neglected this and went beyond the victim on the front part of the Defendant’s vehicle with the front part of the victim’s bridge due to the negligence of taking a speed pedal instead of balk, and caused the victim to die due to the following reasons: (a) around 15:01 on the same day, the Defendant took the front part of the Defendant’s vehicle and took the front part of the victim’s bridge; and (b) had the victim take the front quith of the Defendant’s vehicle, and caused the victim’s death at the A University Hospital located in Suwon-si, Young
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. A death certificate;
1. Application of the Acts and subordinate statutes governing booming images of vehicles, CCTV images, and CCTV images;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances of the reasons for the suspended sentence) [the scope of recommendation] of the general traffic accident category 2 (the area of mitigation (4-1 year) (including special mitigation), the area of mitigation (4-1 year), the area of punishment not (including serious efforts to recover from damage): The circumstances that are favorable to the fact that the victim's death resulted from a serious result: The victim's erroneous recognition, depth, reflects, and is expected not to drive in the future.