교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for one year.
Punishment of the crime
The Defendant is a person who is engaged in driving Category C Ⅱ trucks.
On December 30, 2017, the Defendant operated the above truck around 18:36, and proceeded with a road in front of the Geumcheon-si church, which is located in Youngcheon-si, as the gold 149-2.
Since a crosswalk is installed on the front side, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle has a way to reduce speed and to see well the right and the right of the front side and the right and the right of the motor vehicle, and to safely drive the motor vehicle.
Nevertheless, the Defendant neglected this and got the victim D (the age of 69) who was a victim of the crosswalk due to negligence in driving the crosswalk as it is, which was the front part of the cargo vehicle.
Ultimately, the Defendant caused the victim’s death by occupational negligence in the above 19:50 on the same day, resulting in the victim’s death by simultaneous dives damage at the Young-gu University, Youngcheon-si Hospital affiliated with the major faculty.
Summary of Evidence
1. Statement by the defendant in court;
1. The actual investigation report on traffic accidents;
1. An accident scene photograph;
1. A death certificate;
1. Application of Acts and subordinate statutes to investigation reports (related to attachment of a notice of results of traffic accident investigation and analysis);
1. Standard for sentencing of the grounds for sentencing under Article 3(1) of the relevant Act of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 (Selection of Imprisonment without prison labor) of the Criminal Act (the scope of recommended punishment) concerning criminal facts (the scope of recommended punishment) shall be determined as the same type of general traffic accident as the order, taking into account the following conditions of sentencing as shown in the records, such as the sentencing following the decision of sentence for the basic area (eight months to two years) (the age of the defendant, occupation, sex, family relationship, conditions before and after the crime, etc.
- the recognition and reflect of the offence, and that the Defendant driving vehicle is covered by a comprehensive insurance, - the occurrence of serious consequences that the victim dies, and the victim’s bereaved family members do not receive a letter from the victim.