교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for six months.
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 a person who is engaged in driving of K5 si.
On October 13, 2018, the Defendant driven the above taxi on October 13:13, 2018, and got the victim C (the 74-year-old age) who driven the above taxi and driven it on the road by neglecting his duty of care at the front-dong fire station in the front-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-do,
Ultimately, at around 13:58 of the same day by occupational negligence, the Defendant caused the death of the said victim at the E Hospital located in Ansan-si D, Andong-si.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. The actual situation survey report, the report on the occurrence of traffic accidents, and the next inquiry;
1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Sentencing (Scope of Recommendation) General traffic accidents of Type II (Death resulting from Traffic Accidents) and the area of special mitigation (two to one year) (Special Mitigation) (Special Mitigation) where there is considerable fault on the occurrence of traffic accidents or expansion of damage to victims, a penalty not imposed;
2. The driver's negligence in the decision of sentence led to a serious result that the victim's death could not be observed.
However, the defendant recognizes his mistake and is against his will.
The defendant's vehicle is affiliated with the G Association, and the defendant agreed with the victim's bereaved family members.
It seems that the victim is also responsible for the occurrence of a traffic accident even to the pedestrian who led the handle while in the intersection.
There is no criminal record against the defendant.
In addition, the defendant's age, character and behavior, environment, circumstances of crime, and circumstances after crime are examined.