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
On September 1, 2016, the Defendant, who is engaged in driving CCA110V, is running the above Obab on around 22:00 on September 1, 2016, and is driving on the one-lane side of the two-lane road in front of the aggregate market, where a crosswalk with signal apparatus is installed in the front bank but the unauthorized crossing is frequent, and even before the signal is changed, several persons are already crossing the front of the victim D (51 years old). As such, the Defendant had a duty of care to reduce speed at the front side of the front side and prevent accidents, and failed to take all measures to prevent accidents without having violated the duty of care to reduce speed, or prevent accidents, caused the Defendant’s death to the right side of the road, and caused the Defendant’s death from the left side of the front side of the road to the upper side of the road, and caused the Defendant’s brain death from the front side of the road to the upper side of the road, and caused the Defendant’s brain death to the upper end of the road.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to traffic accident reports, on-site photographs related to traffic accidents, death diagnosis reports, and investigation reports (verification of accident video images);
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. Suspension of the execution of sentence Article 62(1) of the Criminal Act (the favorable circumstances in light of the reasons for sentencing) - The circumstances unfavorable to the reasons for sentencing of the instant case led to a serious consequence of the death of the victim. The favorable circumstances - the Defendant recognizes all the criminal facts. - The victim does not agree with the victim to punish the Defendant any longer. - The Defendant does not have any history of having been sentenced to a fine exceeding the fine until now. The sentence is ordered in consideration of all the conditions of sentencing revealed in the course of the public trial.