교통사고처리특례법위반
1. The defendant shall be punished by imprisonment without prison labor for six months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Punishment of the crime
At around 21:20 on May 19, 2014, the Defendant driven a coos car B, and led to the two-lane road in front of the “Scoos station”, which is promoted at the time of Seosan, along the two-lane road from the border to the Hac middle school.
Since there is a limited speed of 40 km/h, the driver has a duty of care to observe the restricted speed and to safely proceed with the right and the right well.
Nevertheless, the Defendant neglected this and went at a speed of 78km/h above that of 38km/h, and received the victim C (the age of 57) crossing the road at the bend to the left-hand side of the vehicle of the Defendant.
As a result, the Defendant caused the victim's death by low-blood shock around 03:45 on the following day.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police on D;
1. Each description of the actual condition survey report, each photograph, death certificate, and comprehensive traffic accident analysis report, or the application of video-related Acts and subordinate statutes;
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;
1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;
1. Scope of applicable sentences: One month to five years from the imprisonment without prison labor. (Selection of imprisonment without prison labor);
2. Sentencing Criteria [Determination of Punishment] Transport Crime Group, General Traffic Accident Type 2 (Recommendation Death of Traffic Accidents) (Scope of Recommendation] Special Mitigation Zone: Imprisonment without prison labor for not less than two months from February to October: there is no reasonable fault by the victim, no penalty surcharge surcharge / No special aggravation factor:
3. Determination of sentence: Six months of imprisonment without prison labor;
4. Whether to suspend the execution or not: positive fault of the victim for two years (major reasons for suspension): The victim's death (general reasons for suspension): The victim's death) positive, negative results of the suspension of execution or negative results of the purchase of comprehensive motor vehicle insurance: A violation of the duty of speed limit.