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 a B-Wood vehicle.
On April 12, 2016, the Defendant driven the said car on April 19, 2016, and driven the said car at the speed of D in front of D, which is in net City C, from the fung-dong, Pung-dong, at the speed of one way between three lanes and three lanes.
At the time, the front door was set at night, and there was a crosswalk, and thus, there was a duty of care to check whether there was a person engaging in driving of a motor vehicle, by reducing speed and checking well the front door, and to safely drive the crosswalk.
Nevertheless, the defendant neglected this and found the victim E (the age of 66) who was crossing the crosswalk due to negligence, and operated it late, but did not avoid it but shocked the victim on the right side of the above vehicle.
Ultimately, the Defendant caused the death of the victim by occupational negligence at the emergency room of G Hospital located in the Net City F at around 20:45 on the same day due to the heart stop.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report and on-site evidence photograph;
1. A comprehensive analysis of traffic accidents;
1. Application of Acts and subordinate statutes on a written autopsy;
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 238 of the Criminal Act, and
1. The reason for sentencing under Article 62(1) of the Criminal Act, which led to the occurrence of a serious consequence of the death of the victim due to the instant traffic accident, and the Defendant’s negligence is disadvantageous to the Defendant.
However, in consideration of the fact that there is no criminal history of the defendant, the bereaved family members do not want the punishment of the defendant, and the age, family environment, etc. of the defendant, the punishment as ordered shall be determined.