교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for ten months.
However, the execution of the above sentence shall be suspended for a period of 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 the D Eth Ethrife.
On January 10, 2018, the Defendant driven the said freezing vehicle at around 08:50, and stopped six lanes 123.2km-do road on the Gyeong-dong, Daegu-gu, Daegu-dong, due to the breakdown of the vehicle while driving along four lanes from Busan-do to Seoul-do.
At least 10 meters from the motor vehicle stopped due to the breakdown, the driver of the motor vehicle has a duty of care to promptly move the motor vehicle involved in the accident to the side, install the signs of the motor vehicle broken on the rear road due to the breakdown of the accident, and additionally install the red light signal, electric light or flame signal that can be identified at a point 50 meters below the rear of 200 meters or more from the parked motor vehicle, and the motor vehicle and the drilling accident are operated after additional installation of the light signal, electric light or flame signal that can be identified at a point 50 meters below the rear.
Nevertheless, the Defendant neglected to move the vehicle to the side, but failed to install the sign of the vehicle and the red light signal, electric light or flame signal, caused the victim E (53 ) who driven in the rear side by the Defendant to get the front part of the said freezing vehicle, and caused the said M&C truck to get the front part of the said freezing vehicle, and caused the said M&C truck to get the center of the expressway separated.
Ultimately, the Defendant caused the victim’s death by occupational negligence in light of the foregoing 09:38, G hospital located in the Daegu-gu, Daegu-gu, Daegu-gu, to cause the victim’s death due to the death of serious symptoms and the excessive cutting of the left-hand side.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. A corpse death certificate;
1. Application of Acts and subordinate statutes to a investigative report (as at the time of dispatch of a counter-party to a scene engineer);
1. Article 3 of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Selection of Punishment.