교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for ten months.
However, 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 DNA truck.
On January 21, 2014, the Defendant driven the above vehicle at a speed of about 54 km in speed, depending on the one-lane from the parallel of efficacy, driving on the road in front of the Friju station in E in the East Sea at the same time.
In order to prevent an accident due to contact on the side road, there was a mobile sign on the road surface to prevent the speed of the vehicle and to prevent the accident, and the suspect found in advance the HFS two-wheel automobile driven by the victim G who wants to turn to the left on the side road at the time. In such a case, there was a duty of care to confirm that the person engaged in driving the motor vehicle has a duty of care to ensure that it is safe that the person engaged in driving the motor vehicle has sustained damage at sufficient intervals or continues to stop and drive the motor vehicle, by taking into account the speed of the motor vehicle and the situation of the vehicle entering the side road.
Nevertheless, the defendant neglected to do so and proceeded on the right side of the two-wheeled vehicle, which enters the front side of the two-wheeled vehicle into the Defendant’s running lane, was shocked into the front part of the cargo truck.
Ultimately, the Defendant caused the death of the victim at the emergency room of the above hospital around January 21, 2014 when he/she had the victim receive medical treatment at the J Hospital located in the East Sea I due to such occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. A suspect interrogation protocol of the police officer;
1. Statement made to A by the police;
1. A written statement on the occurrence of traffic accidents;
1. The actual condition survey report;
1. Requests for appraisal;
1. Results of traffic accident analysis;
1. A death certificate;
1. Application of traffic accident-related Acts and subordinate statutes;
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 of the Criminal Act: