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 of a taxi after obtaining a franchise.
On March 19, 2017, the Defendant driven the above taxi on March 20:45, and made the left turn to the left at approximately 10-20 km from the gate of the hotel to the gate of the hotel for each hotel in Yeonsu-gu Incheon Metropolitan City E.
At the time, the victim G(58) was at night and at the front of the defendant, so there was a duty of care to prevent the accident in advance by safely driving the vehicle driving employee by reducing speed and checking the front door well.
Nevertheless, the Defendant neglected this and got the victim in front of the left side of the Defendant’s vehicle by negligence.
Ultimately, around March 26, 2017, around 18:46, the Defendant caused the victim to die due to the above occupational negligence, i.e., the 27 Incheon Metropolitan City Han University’s Roon University’s 27 Incheon Metropolitan City Incheon Metropolitan City University’s affiliated hospital and the her affiliated hospital’s affiliated hospital to death.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. A death certificate;
1. Application of Acts and subordinate statutes to photographs by cutting off the scene photographs of an accident, CCTV images at H cafeterias;
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order [the scope of recommended punishment] [the grounds for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, etc. of Victims [the scope of recommended punishment] [the two types of traffic accidents (the type between April and one year)] mitigation area (including efforts taken by a special mitigated person] [the decision of sentence] unlimited sources of punishment (the fact that the death of a victim was caused due to the traffic accident in this case), favorable circumstances [the fact that the defendant recognized the crime and is in depth against the victim, the bereaved family members agreed with the victim's bereaved family members do not want the punishment of the defendant