교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for four 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 who is engaged in driving of a C Poter cargo vehicle.
On May 17, 2016, the Defendant driven the above cargo vehicle around 20:25, and proceeded at a speed of about 40-50 km from the offside to the offside bank, the front letter of E, which is located in Gyeonggi-si D, at a speed of about 40-50 km from the offside bank to the offside bank.
At the time, it is a road that is located near the center line and that is installed as a safety zone near the center line. In such a case, a driver has a duty of care to properly cope with accidents even in cases where pedestrians appear by accurately manipulating the front section and the right and the right and the right while driving at a safe speed.
Nevertheless, the Defendant neglected this and found the Victim F (M, 78 years old) who is to leave the center of the safety zone on the left side of the front bank and to cross the road without permission on the right side by neglecting it, and was in an urgent operation, but due to the negligence of failing to avoid it, received the Victim as the front part of the right side of the truck.
Ultimately, in light of the structure and environment of the road where the instant accident occurred, the point where the victim began crossing without permission, and the age of the victim, etc., which can be recognized by the evidence duly adopted and investigated by this court, such as the victim’s age, etc., the Defendant caused the victim to die of brain escape on May 22, 2016 during the medical treatment after the hospital due to the above occupational negligence (in light of the structure and environment of the road where the instant accident occurred, the point where the victim began crossing without permission, and the victim’s age, etc., it can be sufficiently recognized that the Defendant’s negligence occurred and the instant traffic accident occurred. Thus, the Defendant and the defense counsel’s assertion that the Defendant did not commit any negligence against the Defendant
1. Partial statement of the defendant;
1. The legal statement of witness G.