교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Criminal facts
Around 23:45 on July 17, 2014, the Defendant was driving a DF car, and was in the direct control of the DF car in accordance with the two-lanes of the intersection in front of the 41-lane D D DF car, as the Gyeong-si Gyeong-si, Gwangju Metropolitan City, along the two-lanes of the intersection in front of the 41-lane DF car.
At least, there are pedestrians crossing the road because crosswalks and bus stops are installed in the vicinity, so in such a case, the defendant, who is engaged in driving of the motor vehicle, has the duty of care to operate the motor vehicle correctly by accurately operating the steering direction and brake system of the motor vehicle while driving the motor vehicle.
Nevertheless, the Defendant neglected this and found the victim E (the age of 76) who was unauthorized to cross the road from the left side of the right side of the Defendant’s course to the right side of the road due to the negligence of driving the road on a full basis, and received the victim in front of the said vehicle.
Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the injury and diversification of the two parts in the workplace.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to F, G, and H;
1. The actual condition survey report;
1. A written result of autopsy;
1. Application of CCTV images, black stuff images, and of each photographic 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 in the Selection of Punishment, Article 268 of the Criminal Act, and selection of
1. The reason for the suspended sentence of Article 62(1) of the Criminal Act (see the reasons for the suspended sentence) resulted in the Defendant’s act of committing the instant crime, which led to a result that the victim’s death cannot be observed due to the instant crime. In proceeding to an intersection at night at a considerable speed, the Defendant’s negligence, which neglected the front-time emergency situation, cannot be easily assessed. On the other hand, the victim’s negligence crossing the intersection without permission at night, also caused the occurrence of the accident, and the vehicle involved in the accident, is covered by a comprehensive insurance.