교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in the duty of driving the Cknife vehicle.
On November 21, 2016, at around 17:46, the Defendant proceeded at a speed of about 50km of speed, depending on the first two-lanes of distance among the two-lanes of distance from the mechanical IC room.
At the time, there was a duty of care to prevent the occurrence of an accident by safely driving the front and rear side while driving the Defendant, who is engaged in the van driving, and accurately manipulating the brake system.
Nevertheless, due to the negligence of violating the duty of Jeonju, the Defendant got the victim F (the 70-year-old age), who led the bicycle to the right side in the left side of the Defendant’s proceeding direction, and crossed the vehicular road without permission, as the front side of the Defendant’s seat.
Ultimately, while the Defendant had the said victim receive treatment in an unidentified state of consciousness by occupational negligence as above, the Defendant caused the death of the said victim at the Glangdong-gu University Hospital on March 18, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Each police statement made with respect to G and H;
1. Application of Acts and subordinate statutes governing death, victim photographs, autopsy records, traffic accident investigation and analysis reports, reports on the occurrence of traffic accidents, reports on the occurrence of traffic accidents, internal investigation reports (on-site investigation reports), CD1/site photographs, general diagnosis records, investigation reports (Attachment to images), and field photographs;
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 Suspension of Execution (All other extenuating circumstances, such as the fact that the defendant is pening his mistake in depth, that the victim's bereaved family members and the bereaved family members have agreed smoothly, that the motor vehicle comprehensive insurance is covered, and that the defendant is the first offender who has no record of punishment);