교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for eight 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 driving a motor device in the field of the YZF-R1 motor vehicle.
On July 11, 2017, the Defendant operated the motor device bicycle around 23:37, and driven the four-lane road in front of Yeongdeungpo-gu Seoul Metropolitan Government D in front of the road at the speed of about 109 Km in speed, depending on three-lanes from the private street protection area in the blue market to the private street protection area in the market.
At night and its location is 60 K km speed. In such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by complying with the speed limit, properly seeing the right and the right and the right of the motor vehicle, and safely manipulating the steering direction and the brake system, and thereby preventing accidents.
Nevertheless, the Defendant neglected this and found the victim E (n.e., 64 years old) who illegally crossed the road from the right side of the bicycle riding direction to the left side of the motor device operated by the Defendant bed up to the speed of 49 km a speed exceeding 49 km a speed of speed by negligence, which led the Defendant to go beyond the road by receiving the left side side of the victim's bicycle front part of the motor device operated by the Defendant.
Ultimately, the Defendant caused the victim to die due to the above occupational negligence on July 12, 2017 due to the symptoms of brain damage.
(1) The Defendant asserts to the effect that the accident is not at a speed up to 109 km per hour at the time of the accident, and thus, it cannot cause the Defendant’s excessive speed. According to the following circumstances, according to the black stuff images installed on a vehicle located at a distance of about 50 meters from the point where the accident occurred by integrating the following evidences, the Defendant’s stoke images run fast, namely, the Defendant’s stoke, and the Defendant’s stoke on the front end of the screen, and the speed of the stoke appearing appearing on the above screen is about 109 km per hour according to the results of the appraisal by the Road Traffic Authority.