교통사고처리특례법위반(치사)
A defendant shall be punished by a fine of 10 million won.
Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.
Punishment of the crime
The defendant is a person who is engaged in driving a motor vehicle of the Drabr frigerator.
On July 21, 2016, the Defendant driven the said car at around 16:30, while driving the said car, 2-laned by the Taesan Elementary School, Taecheon-dong, Daegu Northern-gu, Daegu, Gyeongcheon-dong, from the opposite side of the Sungbuk-do to the sloping intersection.
On the front side, there was a pedestrian who is carrying a person on the wheelchairs in accordance with the right side of the road in the same direction as the defendant's moving direction, and then pushed it behind, so in such a case, there was a duty of care to safely operate the steering boat and the steering gear well, and to ensure safe speed and method by accurately manipulating the steering boat and the steering gear.
Nevertheless, the Defendant neglected to do so and did not properly proceed with the front of the foregoing vehicle, and caused the part of the F, which walked by carrying the victim E (Inf, 55 years old) on the wheelchairs in the front of the bend, and pushed the wheel, with the front part of the above vehicle's right.
Ultimately, the Defendant caused the victim’s death by occupational negligence in the course of providing medical treatment at the Youngnam University Hospital located in Daegu-gu, Daegu-ro, 170 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. The actual condition survey report;
1. On-site photographs, Me1 photograph of the accident site photographs, Ma3 pedestrians' photographs, earthing wheelchairs photographs that have been sealed behind the accident site photographs, Me2 pedestrians' photographs;
1. Application of Acts and subordinate statutes concerning postmortem records;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order reveals that the occurrence of a serious consequence of the death of the victim due to the instant traffic accident, but the victim is negligent in moving the wheel chairs to a road which is not delivery, and the vehicle of the defendant driving is covered by the comprehensive insurance.