교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for ten months.
However, the execution of the above punishment 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 the operation of the Category B mining groundr.
On February 15, 2016, the Defendant operated the above digging range on around 07:35, and proceeded at a speed of about 28 km in speed, depending on three-lanes, namely, three-lanes from the Seoul metropolitan area of the film to the driving driving driving school of a high-speed motor vehicle located in the Busan metropolitan area.
Since there is a place where signal lights and crosswalks are installed, the driver of the motor vehicle had a duty of care to check whether there is a person who gets on the way to drive the motor vehicle, and to check whether there is a person who gets on the front side and the right side well and to drive the motor vehicle safely according to the new code.
Nevertheless, the Defendant neglected this and continued to proceed at the same speed even though the signal is changed to the stop signal, and the Defendant shocked the victim C (W, 72 years old) who cross the crosswalk to the left side of the right side of the locker, who was crossinging the crosswalk in accordance with the pedestrian signals, from the right side of the locker, to the front part of the locker who was driving by the Defendant, and thereby led the victim going beyond the road, to the right side of the locker.
Ultimately, the Defendant caused the death of the victim due to damage to his chest body at the scene of an occupational accident by negligence above.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. A protocol concerning the examination of suspects of D;
1. Statement made by the police for E;
1. Each statement of D and F;
1. A traffic accident report;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. In light of the fact that the defendant with reason for sentencing under Article 62-2 of the Criminal Act of the community service order violated traffic signal and caused a serious traffic accident during the process and caused a serious result, the criminal responsibility is serious.
or the victim; or