교통사고처리특례법위반(치사)
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 a C Poter cargo vehicle.
On September 27, 2017, the Defendant driven the above vehicle at around 20:40, and led to the course from the direction of the apartment site to the citizen playground on the side of the riverside secondary apartment complex, where the Marina road in the 264-2 of the Gai-dong 264-2 was permanently residing.
At the time, the driver was flick at night, and the surface was damp. In such a case, there was a duty of care to reduce speed and properly manipulate the steering and the right and the right and the right and the right of the driver, and to prevent the accident by accurately manipulating the steering and the system.
Nevertheless, the Defendant neglected to do so and neglected the duty of care in the front direction of the road and received the body parts and head parts of the victim D(43) walking along the road from the front direction of the road in front of the Defendant.
Ultimately, the Defendant caused the death of the victim from the F Hospital located in Ansan-si E around September 28, 2017 due to such occupational negligence by the Defendant’s death.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. A H statement;
1. A traffic accident report and accident site photograph;
1. The application of Acts and subordinate statutes to autopsy records, photographs of a person who has changed or died, and death report;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Where the sentencing criteria [the range of recommended punishment] [the range of recommended punishment] is not imposed in the area of special mitigation (two months to one year) (the area of special mitigation], and the victim is negligent due to the occurrence of traffic accidents or expansion of damage;
2. The driver's negligence in the decision of sentence led to a serious result that the victim's death could not be observed.
However, the defendant recognizes his mistake as a first offense, and is against himself.
The vehicle of the defendant.