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 one year from the date this judgment becomes final and conclusive.
Punishment of the crime
At around 10:10 on January 6, 2020, the Defendant, who is engaged in driving B Poter Cargos, continued to turn to the left at an aesthetic speed according to one lane among five-lanes of the two-lanes in the front of the Gangseo-gu Seoul Metropolitan Government, the fire-prevention tunnel, which is located in the Hancheon Confucian School.
Since there are many pedestrians, in such a case, there was a duty of care to prevent accidents by accurately manipulating the steering direction and brakes to those engaged in driving service.
Nevertheless, when the defendant neglected to make a left-hand turn without neglecting it, he got the victim D(75) left-hand side of the victim D (75 years old) who was leading the ria to the left-hand side from the right-hand side of the defendant's running direction, to use it on the road.
Ultimately, at around 00:25 on the 20th of the same month, the Defendant caused the death of the victim from the F Hospital located in Gangseo-gu Seoul Metropolitan Government E to the brain functional part due to the dubation of two aggregates.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to a traffic accident report, report on the occurrence of a traffic accident, inspection report on the accident vehicle and on-site photograph, and death diagnosis report;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. One to five years in case of credit cooperatives within the scope of punishment by law;
2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), and April through one year;
3. Determination of sentence: The defendant's negligence is not less severe, but the result of the crime is more severe;
The favorable circumstances: