교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for one year.
except that the execution of the above punishment shall be suspended for 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 ship of one ton of cargo in B.
On April 29, 2019, the Defendant driven the above cargo vehicles around 14:30 on April 29, 2019, and continued the intersection in front of the Hannam-gun, Jeonnam-gun, Dasan-ro 1 net intersection, on the surface of the non-defensor-Eup.
At the same time, there is an intersection that does not regulate traffic on the front side, and in such a case, there was a duty of care to reduce the speed prior to the intersection and prevent accidents by properly examining the front, rear and right and the right and the right of the vehicle driver.
Nevertheless, the Defendant neglected this and followed the right side of the agricultural machinery driven by C(78 years old) who passed the intersection from the left side of the running direction to the right side of the vehicle of the Defendant by the negligence that the speed of the restriction exceeds about 39 km per hour without passing through the intersection.
Ultimately, around April 29, 2019, the Defendant caused the victim’s death by occupational negligence due to damage to the two parts and uniforms while receiving treatment from the Jeonnam University Hospital located in the Jeonnam University Hospital in Gwangju-gu, Gwangju-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. A traffic accident report (1 report), a traffic accident report (1), (2), and a traffic accident report (2).
1. A death certificate;
1. Application of the statutes on traffic accident analysis;
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, and Article 268 of the Criminal Act.
1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, when the Defendant was in a state of rain, entered the intersection at the time of the accident, and did not have any particular obstacle to the view at the time of the accident. As the instant accident resulted in the serious result of the victim’s death, imprisonment without prison labor
However, the defendant is punished for the same crime.