교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for eight 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 a car at the horse at B.
On March 13, 2017, around 10:58, the Defendant driven the said car parked at the edge of the road at a one-lane road in front of “D” located in “D” in “D,” and continued to proceed to the intersection of the post office of the U.S. from the Bhhhum to the intersection of the post office of the U.S. on the side of the road.
At the time, there is a road for people to walk without crosswalks or signal, so in such a case, there was a duty of care to check whether there is a person who gets on the way to check the front and rear side and the right and the right and the right and the right and the right and the right are well and to drive safely.
Nevertheless, the Defendant did not neglect it and did not see the back side properly, and did not discover the victim E (the 74 years old) who walked to the right side from the left side of the Defendant's moving direction to the right side, and did not discover the victim E (the 74 years old) and shocked the victim's left side by the part following the Defendant's car.
Around March 16, 2017, the Defendant caused the death of the victim due to the above occupational negligence by the brain side, etc. at G Hospital located in Simpo-si F around 15:40 on March 16, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the actual condition of traffic;
1. Application of the relevant photograph, death certificate (E), black stuffs video CD-related statute;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria shall be limited to the range of general traffic accidents (the scope of the recommended punishment] and the area of mitigation (the period from April to one year) (including the special mitigation person] that is not subject to punishment (including the serious efforts to recover damage);
2. Determination of sentence: The significant result of the death of a victim by an accident in this case for eight months of imprisonment without prison labor or two years of suspended execution;