교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
The Defendant is a person who is engaged in driving D Poter II cargo vehicles.
피고인은 2016. 8. 13. 14:05 경 위 화물차를 운전하여 충북 단양군 E에 있는 F 앞 ‘ ㅏ’ 자형 삼거리 교차로를 하 괴 삼 거리 방면에서 상진 대교 방면으로 2 차로를 따라 진행하게 되었다.
The accident place is equipped with on-and-off signal, etc. along the two-lanes and one-lanes, and the vehicle traffic is a large intersection, so the defendant engaged in driving a motor vehicle has a duty of care to reduce the speed prior to entry into the intersection, to watch well the right and the right, and to safely operate the steering and brake system accurately, thereby preventing accidents.
Nevertheless, the Defendant neglected this and found the H-learning car driven by G, which tried to turn to the left after temporarily suspending in front of the red-off signal at the F-side, on the front of the stop line, and did not reduce the speed, and caused the Defendant’s fault to the front part of the Defendant’s vehicle’s vehicle’s driver’s freight, thereby shocking on the left side of the G-learning car (hereinafter “instant accident”). Ultimately, the Defendant caused the victim I (e.g., 73 years old), who was on the rear seat of the f bargaining vehicle due to negligence in the course of business as seen above, to have the victim I (e., g., having been on the rear seat of the frighting vehicle) died from cerebrn in the K hospital located in the YJ at 14:42 of the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police in relation to G;
1. Report on the occurrence of a traffic accident, report on actual condition investigation, report on internal investigation ( omitted signature on the G statement protocol), and report on the investigation results of a traffic accident case;
1. Sending a traffic accident analysis report and a statement on computing speed;
1. A corpse death certificate (I);
1. Application of Acts and subordinate statutes to the scene photographs of traffic accidents, and photographs of changeers;
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. Suspension of execution;