교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person engaging in driving a rocketing car.
At around 11:10 on January 12, 2019, the Defendant proceeded along a two-lane road in front of the Category D Factory in Ansan-si C along with one-lane from the south-dong Tool City.
At the time, the road has a duty of care to safely drive the road by reducing 20/100 of the designated speed and accurately manipulating the steering gear and operating the steering gear.
Nevertheless, the Defendant neglected this and got off the right side of the victim E (the age of 51) on the right side of the road due to the negligent negligence that led to the death of the victim due to an external shock that is being treated by G Hospital located in the Ansan-si F on the same day at around 12:55 on the same day.
Ultimately, the Defendant caused the death of the victim by occupational negligence above.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to H and I;
1. A report on the occurrence of a traffic accident, a survey report on actual condition, and an accident vehicle EDR analysis report;
1. Inquiry into the enemy;
1. A death certificate;
1. Application of statutes on field 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 selection of
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents (special-sponsor] - The elements of mitigation: Reduction area of punishment [the scope of recommendation area and recommendation area] reduction area, reduction area of punishment [the scope of recommendation area and recommendation area], and April through one year;
2. The driver's negligence in the decision of sentence led to a serious result that the victim's death could not be observed.
However, the defendant made his mistake.