교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a vehicle with C investment vehicle.
On October 18, 2017, the Defendant driven the above car at around 04:50, and led to the four-lane road in front of the E cafeteria located in D in Suwon-si, Suwon-si, to the direction of the Suwon-si Station, from the edge of the street, the Defendant proceeded at the speed of 9.6 km each hour at a speed of 9.6 km.
Since the restriction speed is 60 km per hour, there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system and observing the restricted speed while keeping the driver's duty of care for the person engaged in driving the motor vehicle well.
Nevertheless, the Defendant neglected this and found the victim F (66 cm) who was crossing the road from the right side of the Defendant’s proceeding to the left side at the speed exceeding 39.6 km per hour, and operated the road immediately, but the Defendant did not stop, and the Defendant was able to shock the damaged by the front part of the driver’s driving of the car.
Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the Aju Hospital located in the Young-gu, Suwon-si, Suwon-si, Suwon-si, 164, on the same day by the same occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. A fact-finding survey report, report on the occurrence of a traffic accident, and an investigation report;
1. A comprehensive analysis of traffic accidents;
1. A corpse death certificate;
1. Photographss, images of the accident, photographs of the scene of accident, and signboards with a speed limit on the road of the accident;
1. Application of accident video CD-related Acts and subordinate statutes
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. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter the following grounds for sentencing) of the suspended sentence (the grounds for sentencing) [the scope of recommendation] types 2 (the type of traffic accident and death, etc.) in the area of special mitigation (two to one year) [the victim] is also a traffic accident.