교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for six months.
except that the execution of the above punishment shall be suspended for 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 a CMW car.
Around 15:00 on May 7, 2016, the Defendant driven the said car, leading to the flow distance from the side of the mountain to the BananIC.
Since there is a place where a red flag is installed, there was a duty of care to check whether a vehicle that proceeds from the new flag is in line with the new flag, and to drive safely after temporarily suspending the road to a person engaged in driving service.
Nevertheless, the Defendant neglected to temporarily stop and proceeded without temporarily suspending the same, and did not discover the ET 100 Oroba in driving of the victim D(74 years of age) driving from the side of the Eup/Myeon to the back of the Banan-Eup, and received a front portion of the car driven by the Defendant.
Ultimately, at around 02:41 on May 8, 2016, the Defendant caused the victim's death by external shocks.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. A death certificate;
1. Evidence and photographs of the traffic accident scene;
1. Application of the Acts and subordinate statutes concerning the attachment ofCCTV 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. Article 62 (1) of the Criminal Act on the stay of execution (reasonable consideration, such as the one in which he/she commits an error and the one in which he/she agreed with the bereaved family members of the victim);