교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for ten months.
However, the execution of the above sentence 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 the operation of B rocketing personal taxi.
On November 12, 2017, at around 06:36, the Defendant is driving along two lanes near LG electronic located in the southdong-gu Incheon Metropolitan City, along the two-lanes from the north-dong office distance to the south-dong office distance. At the time, the location is going ahead of the new wall time to the speed of 60 kilometers per hour, but the speed of restriction is about 98 kilometers per hour over 38 kilometers per hour, while the speed of restriction is 60 kilometers per hour, the Defendant was found to have been overtaking the above three-lanes by the victim C (the remaining and 72 years old) who crossings the road along the right side of the above direction of the vehicle and used the emergency, etc. while driving the vehicle at the right side of the above direction of the vehicle, and the victim was found to have been overtaking the above three-lanes.
As a result, the Defendant caused the victim's death by such occupational negligence, which caused the victim's death at around 14:47 on the 13th day of the same month during treatment at the Gacheon University Hospital located in 774, Nam-gu, Incheon, Namdong-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;
1. A traffic accident analysis report and an appraisal report on the traffic accident analysis;
1. Application of Acts and subordinate statutes of a death certificate;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;
1. The sentence is the same in full view of the following circumstances under Article 62(1) of the Criminal Act and other conditions of sentencing, including the Defendant’s age, sex, environment, motive and circumstance of the instant crime, means and method of the instant crime, and circumstances after the crime.