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 engaging in driving a car at the fourth time.
On September 7, 2020, the Defendant driven the above car at around 05:05 on September 7, 2020, and came to turn to the left at the right-hand distance from the scarcity of the scarp in the Seo-gu Daejeon, Seo-gu, Daejeon to turn to the left-hand turn.
Since there was a cross-section where signal lights are installed, there was a duty of care to prevent accidents in advance by making it possible for a person engaged in driving a motor vehicle to live well on the front side and the right and the right of the motor vehicle, and entering the intersection in accordance with the new code.
Despite the fact that the Defendant neglected this and neglected to turn left by entering the intersection and making a left turn at the left side of the Defendant’s right-hand side, the Defendant received the victim D (the age of 79) who opened the crosswalk in accordance with the pedestrian signals from the left-hand side of the Defendant’s vehicle in front of the left-hand side of the Defendant’s vehicle driving.
Ultimately, the Defendant caused the death of the victim at the F Hospital located in Seo-gu, Daejeon, Daejeon, due to the above occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Application of the Act and subordinate statutes to G’s report on the actual condition of the police’s statement report to G, on-site photographs, death certificate, fingerprint appraisal result, photograph of a black stuff, photograph of a black stuff image, and report on the internal history of a black stuff image CD (e.g., internal history for the confirmation of black stuffs)
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 of the Criminal Act on orders to provide community service and attend lectures;
1. Scope of the recommended punishment according to the sentencing guidelines [the type 2] traffic accident death [the person who is subject to special sentencing]. The factors to reduce the punishment (including serious efforts to recover damage]. The scope of the recommended punishment [the area of recommendation and the scope of the recommended punishment].