교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for four months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving of CSP car.
On November 1, 2016, the Defendant driving the said car around 10:30, and driving the said car along the five-lanes in the direction of the viewing square in the direction of the central private distance crossing.
It is a place where commercial buildings are concentrated on both sides of a road and where there are many pedestrians without permission, so a person engaged in driving duty has a duty of care to drive safely by accurately manipulating the steering direction and brake system by reducing speed and properly examining the right and the right and the right of the road.
Nevertheless, the Defendant neglected this by negligence and caused the victim F (51 years old) to cross the above car to the right side from the left side of the car driving direction without permission, to go beyond the road.
The Defendant caused the death of the victim due to such occupational negligence at the emergency room of the Busan National University Hospital located in Seo-gu, Seo-gu, Busan, where the victim was under medical treatment after around 15:35 of the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of traffic accident reporting Acts and subordinate statutes;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, and Article 268 of the Criminal Act (Punishment of Imprisonment without prison labor);
1. A person who is subject to special sentencing guidelines of 2 months from 4 months to 1 year from 2 years from 1 to 3 years from 3 months from 4 months from 1 year to 2 years from 1 year to 3 years from 3 years from 1: A sentence recommending mitigation factors (non-won of punishment, and unauthorized crossing of a victim): A sentence of imprisonment without prison labor for one year from 4 months to 1 year from 3 years from 1 year from 1 year to 3 years from 1 year from 3 years from 4: A sentence of imprisonment without prison labor for one year from 4 months from 4 months from 2 years from 3 years: A confession, reasons for reduction of a death, etc.: A confession, circumstances for mitigation of a death, etc.; a person who is not subject to the punishment of his/her bereaved family members;