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 B-Ma cargo vehicle.
On April 7, 2020, the Defendant driven the above cargo vehicle around 22:53, and had the road of 3 lanes in front C in front of C at Heunging City along the two-lanes of water reservoir at the hang-dong bank.
It is a road with a speed of 60 km per hour. In such a case, there was a duty of care to prevent accidents in advance by complying with the speed limit to the driver of the motor vehicle and safely driving the motor vehicle by driving the motor vehicle in a safe manner.
Nevertheless, the Defendant neglected to do so and was negligent in proceeding 73.8-78.2 km on the left side of the direction of the defendant's running, and the victim D (the remaining, 57 years old) was placed on the front side of the above cargo, thereby cutting off the crosswalk from the right side of the defendant's running.
Ultimately, the Defendant caused the victim to die with the above occupational negligence at the F Hospital located in Ansan-gu E during the period of Ansan-si on April 8, 2020.
Summary of Evidence
1. The Defendant asserts that there was no negligence on the part of the Defendant on the ground that the Defendant could not avoid collision even if he/she complies with the speed limit in light of the time when the victim was discovered, distance of suspension, etc., and thus, there was no negligence on the part of the Defendant.
At the same time, the left-hand turn is in the atmosphere and the defendant is driving along the two-lanes, from the left side of the direction to the right side, the damaged person's walked on the crosswalk and shocked on the defendant's vehicle, and even though the street, etc. seems not to have any particular restrictions on the front side due to the weather, the view was restricted due to the vehicle in the signal waiting.
At the time of the accident, prior to the victim, another person is standing the crosswalk, and the victim following it is fast.