교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Criminal facts
The Defendant is a person engaging in driving a vehicle QM3.
On October 7, 2019, the Defendant driven the above car at a speed of 05:00 on October 7, 2019, and led to the three-lane road in front of the Seoul Songpa-gu Seoul Metropolitan Government C apartment Ddong to run the three-lane road at a low speed from the offside of the harassment to the offside of the gold basin.
At the time, it was night, and the front door of the front door, and there was frequent movement of people due to the apartment complex in the vicinity of the apartment complex. Therefore, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a person who gets on the way to reduce the speed and to see well, and to drive the road safely.
Nevertheless, the Defendant neglected this and neglected his duty at the front time without reducing speed, and did not discover the victim E (30 years of age) who crossed the road from the left side of the driving direction of the said car to the right side, and received the body of the victim as part of the front part of the said car.
Ultimately, at around 12:17 of the same day, the Defendant caused the victim’s death by occupational negligence in G Hospital located in Seongdong-gu Seoul, Seongdong-gu, Seoul to cause the death of the victim due to her external wound.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of H;
1. The actual condition survey report;
1. Blue boxes and video CDs;
1. Application of each statute on photographs;
1. Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment) of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. Scope of punishment by law: From one month to five years of a credit cooperative;
2. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 2] mitigation element of traffic accident death [Special Sentencing]: The victim also has a substantial fault in the occurrence of traffic accidents or the expansion of damage, the recommended range of punishment non-compliance and the recommended range of punishment.