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 one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a motor vehicle B.
On October 26, 2018, the Defendant was driving the said vehicle on the national highway No. 7303-175, which was located in the front line, from the front line of duty to the front line of duty, and had the victim C (the age of 75) who violated the duty of front line of duty, go beyond the road.
Ultimately, the Defendant caused the victim's death by occupational negligence at the E Hospital located in Ansan-dong-si D at around 13:55 on the same day due to low blood shock, etc.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. A report on the occurrence of a traffic accident, a report on the actual condition, and a protocol of inspection;
1. A death certificate;
1. Inquiry into the enemy;
1. Application of photographs, dead bodies, and Acts and subordinate statutes;
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 selection of
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents (special-sponsor] - The elements of mitigation: Reduction area of punishment [the scope of recommendation area and recommendation area] reduction area, reduction area of punishment [the scope of recommendation area and recommendation area], and April through one year;
2. The driver's negligence in the decision of sentence led to a serious result that the victim's death could not be observed.
However, the defendant recognizes his wrong and is against his will, and there is no history of punishment against the defendant.
The Defendant agreed with the bereaved family members of the victim.
In addition to this, the defendant's age, character and conduct, environment, circumstances of crime, degree of negligence, and circumstances revealed in the trial process shall be determined as ordered by considering all the circumstances.