교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for one year.
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 driving a Grand Co., Ltd.
On November 27, 2018, the Defendant was driving the above vehicle on the 16:50 on November 27, 2018, while making a left turn to the lower limit of the original site from the side of the D Elementary School.
Since there is a narrow side between the buildings, and since the motor vehicles parked at the corner of the road front of the building are in the place where pedestrians cannot see it, the driver of the motor vehicle after left the left, even though he had a duty of care to properly walk and prevent accidents in preparation for the case of the sudden pedestrian, the driver of the motor vehicle had a duty of care to make a left-hand turn at the speed of the accident, the driver of the motor vehicle caused the victim F (F, 1951 students), who walk the above road from the side of the original site lower side of the motor vehicle to the front driver's seat of the motor vehicle, used it on the floor after going to the front driver's seat, and caused the victim to die of a cerebrovascular from the victim's body under the influence of the driver's seat of the motor vehicle in front of the said building. < Amended by Presidential Decree No. 28170, Dec. 4, 2018>
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition of traffic accidents;
1. On-site photographs;
1. A death certificate;
1. Application of Acts and subordinate statutes to investigation reports (verification of CCTV images at an accident site);
1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;
1. The reason for sentencing under Article 62(1) of the Criminal Act is that the result of damage was harsh, such as the death of the victim, and that of the defendant's negligence is disadvantageous to the defendant.
On the other hand, it is favorable for the defendant to recognize and reflect his mistake, to agree with the victim's bereaved family members, to have a comprehensive motor vehicle insurance policy, and the defendant has no criminal record related to traffic accidents and has no criminal record exceeding the fine.