교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Criminal facts
Some of the facts charged were corrected.
The Defendant is a person who is engaged in driving of B1 ton cargo vehicles.
On November 29, 2019, the Defendant driving the above cargo vehicle around 05:45 on November 29, 2019, and made the left turn to the left at the same one-lane of the three-lane distance in front of the 304-lane in Gwangju-si, Jeonju-si.
The above distance intersection was installed with signal lights, and the crosswalk was installed on the road that enters the above intersection as a stop-off area. At that time, it was difficult for the driver of the motor vehicle to walk around the road. Therefore, the driver of the motor vehicle had a duty of care to observe the signal, to ensure that the driver of the motor vehicle complies with the traffic direction well-being the traffic situation of the direction, and to accurately manipulate the steering and brakes so as to prevent the accident from occurring.
Nevertheless, the Defendant neglected this and entered the above intersection in contravention of the red signal signal installed at the above intersection, and by negligence left left the left, received C (A, 60 years old) a victim who dried the above crosswalk according to the pedestrian signal from the right side of the Defendant’s moving direction to the left side, from the left side of the above cargo vehicle.
Ultimately, at around 06:40 on the same day, the Defendant caused the death of the victim due to the symptoms of injury to the two parts of the trauma and the trend of climatic health in the E Hospital located in Gwangju-si D, and the climatic cliffa.
Summary of Evidence
1. Application of Acts and subordinate statutes to the police's protocol of statement concerning F of the defendant's legal statement, traffic accident report, on-site photographs, death diagnosis report, and autopsy protocol to the police;
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 (The following extenuating circumstances among the reasons for sentencing);
1. The scope of punishment by law on the grounds of sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures: The scope of punishment by recommendation according to the sentencing guidelines for one to five years of imprisonment without prison labor.