교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Criminal facts
The Defendant is a person who is engaged in driving a T-T-M vehicle with 2.5 tons or more.
On December 27, 2017, the Defendant driven the above cargo vehicle around 06:40 on December 27, 2017, and led to the passage from the south of the moving side to the south of the moving side.
At the time, the victim G(62) was placed on the right side of this side, and thus, the driver of the motor vehicle had a duty of care to prevent accidents in advance by accurately manipulating the steering and brakes while keeping the steering side well on the right side.
Nevertheless, the Defendant, while neglecting this, driven by driving on the right side while leaving the roadside, did not discover the victim by negligence, and did not discover the victim's body side on the front side of the above cargo vehicle, and caused the victim to face the head side by leaving the damaged person on the road.
Ultimately, the Defendant caused the victim's death by occupational negligence, i.e., e., cerebral blood from a traffic accident.
Summary of Evidence
1. Statement by the defendant in court;
1. Of the evidence list submitted by the prosecutor of the police statement protocol against H, “G” is a clerical error in H’s name.
1. A traffic accident report and a corpse inspection report;
1. Application of Acts and subordinate statutes governing accident scene photographs;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Two types of general traffic accidents (Death or injury caused by traffic accidents) to which the sentencing criteria apply, are applied, where the area of mitigation (from April to one year) is to be special mitigated (aggravating: No penalty shall be imposed;
2. Circumstances favorable to the accused shall be as follows:
The defendant is deeply divided into and reflected in the crime of this case.
Vehicles operated by the defendant are covered by a comprehensive insurance.
The defendant is only a bereaved family member of the victim.