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 became final and conclusive.
Punishment of the crime
The Defendant is a person who is engaged in driving of a liquid sports vehicle C.
On August 24, 2017, the Defendant driven the above vehicle at around 05:30 on August 24, 2017, and proceeded ahead of the oil station E, which is located in No. D, from the point of the Agricultural Cooperative Co., Ltd. to the reverse intersection.
At the time, the lower surface was sucked, and there was a signal at the front door, so there was a duty of care to prevent accidents in advance by safely driving the car in accordance with the new code while complying with the speed limit, since the signal, etc. was installed well on the front door.
Nevertheless, the Defendant neglected this and violated the signal while driving the vehicle, and received the victim F (the 80-year old) who was standing on the right side of the road from the left side of the vehicle of the Defendant at the speed of 67km (the speed of 50km to 20/100 speed at the speed of restriction) at the speed of 40km (the speed of 50km to the speed of 50km to the speed of restriction).
Ultimately, the Defendant caused the death of the victim due to the above occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. An analysis of traffic accidents;
1. Each body death certificate;
1. Accident video CDs;
1. Application of the provisions of Acts and subordinate statutes to photographs of each accident site, visual images, images of the accident vehicle, and images of a signal system image, and photographs by capturing pedestrian crossing images;
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. The grounds for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) and other conditions of sentencing as set forth in the records, including the Defendant’s age, occupation, sex, family relation, and circumstances before and after the commission of the crime, shall be determined by taking into account the following circumstances.
2.2.2