교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for one year.
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 a small-scale car in Category C.
On November 18, 2017, the Defendant driven the above vehicle at around 00:01, and led the road of five-lanes in front of the exit of the city in the city of Busan, Seo-gu along the two-lanes, along the two-lanes.
At the time, there was night and 60 km per hour at a speed limit, so there was a duty of care to prevent accidents in advance by accurately manipulating steering devices, brakes, etc. while maintaining the speed limit for those engaged in driving business.
Nevertheless, by neglecting this, the Defendant neglected to stop her on the front side and proceeded at a speed exceeding 89.7km per hour, and found the victim D (53 cm) crossing the five-lane toward the port from the right side of the Defendant’s vehicle late to find out the victim’s D (53 cm) who crossed the five-lane course toward the port, and immediately taken the hand to the port in order to avoid collision, but the Defendant did not avoid it, and did not go to the right side of the Defendant’s vehicle and got the victim to go beyond the floor by receiving the victim.
Ultimately, the Defendant caused the victim to die due to the above occupational negligence on the same day, around 00:41, the day, and around 26, Seo-gu, Busan Metropolitan City, by the dong Hospital, which was located in 26, to the dong Hospital.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Each investigation report, traffic accident report, and traffic accident report;
1. Application of Acts and subordinate statutes to traffic accident analysis and appraisal reports, dead bodies and death diagnosis reports;
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. The scope of recommended punishment [the scope of recommended punishment] according to the sentencing guidelines shall be the area of special mitigation (two months to one year).