교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above punishment shall be suspended for 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 CMW car.
On October 11, 2015, the Defendant driven the above car at a speed of about 100km/h of speed according to the two-lanes in front of the Yongsan Village located in the Yongsan-gu, Seogyeong-gu, Seogyeong-si at the time of Naju, the Defendant driven the two-lane road at a speed of about 100km/h.
Since a crosswalk is installed, there is a duty of care to prevent accidents in advance by safely driving a person engaged in driving the motor vehicle with a view to driving the motor vehicle in a way that it well sees the front side and the left side.
Nevertheless, the Defendant was negligent in driving the vehicle by neglecting it, and received the victim D (the age of 80) who opened the crosswalk on the right side from the left side of the running direction to the front part of the said vehicle.
Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, which was located in Nasi-ro 5419 on October 11, 2015 in Nasi-ro around 15:45, Nasi-ro, Nasi-ro, and also caused the death of the victim due to serious brain damage at the
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A survey report on actual conditions;
1. Application of Acts and subordinate statutes to dead bodies;
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. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. Scope of applicable sentences by law: One month to five years; and
2. Scope of the recommended punishment according to the sentencing guidelines: Imprisonment without prison labor for up to ten months (the scope of the recommended punishment) for the mitigated area (up to April 10) (up to October) for the mitigated area (up to effort to recover damage) for two types of general traffic accidents;
3. The crime of this case by which the defendant was sentenced to punishment is extremely low, resulting in the death of the victim by shocking the victim who was on the crosswalk while driving the crosswalk. While the negligence of the defendant and the result of the damage are very serious, the vehicle of the defendant is a comprehensive motor vehicle insurance.