교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
On September 25, 2019, at around 07:50 on September 25, 2019, the Defendant driven a B DD freight, and led the front road of the bus stops in Gwangju City to turn to the left at about 26 km a speed from the Do-ray to the Do-side office at the Do-ray speed, depending on the one-lane road.
At this point, crosswalks are installed around the area, and people's passage is frequent due to authorization and bus stops, so the driver of the motor vehicle has a duty of care to prevent accidents by checking the situation of the front and right-hand and right-hand traffic before entering the intersection or temporarily stopping it.
Nevertheless, the Defendant neglected this and neglected to discover the victim E (the 74 years old) who crosses the road to the right side from the left side of the course direction to the right side while neglecting it, and caused the victim to go beyond the surface by shocking the front part of the cargo vehicle, and led the victim to go beyond the surface.
Ultimately, the Defendant caused the victim’s death on the spot due to the above occupational negligence by causing the victim’s serious brain injury.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;
1. Blue boxes and video CDs;
1. A written result of autopsy and postmortem examination;
1. Application of the Acts and subordinate statutes for investigation reporting;
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 selection of
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the case resulted in the death of the victim due to a traffic accident that causes the victim by negligence due to the defendant's negligence of neglecting his/her duty of care.
The time of the occurrence of this case is a brightness, and the victim was crossing the road at a brightness rate with clothes in a brightness color, and if the defendant did not neglect the duty of brightness, it is sufficient.