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.
Punishment of the crime
The Defendant is a person who is engaged in driving a vehicle with a new handicapped person B.
At around 06:00 on September 21, 2018, the Defendant proceeded at a speed of 54.8km/h of the two lanes in letter, from a private loan and from a private street room to a gold square, the Defendant proceeded at a speed of 54.8km/h of the two lanes in letter.
At that time, signal lights were installed on the front bank, and at that time, the lower-water surface was milched, and when the speed was limited to 32 km/h, so the driver had a duty of care to safely drive the driver while complying with the speed limit.
Nevertheless, the Defendant neglected to do so, and was negligent in proceeding at the speed of 54.8km/h of speed, and the Defendant’s vehicle E (the age of 66) was driven by the Defendant’s driving on the right side of the road from the left side of the running direction.
At around 06:51 of the same day, the Defendant caused the victim to die due to multiple trauma damage during the transfer to a hospital by occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. An accident site photograph;
1. Images of CCTV accidents around the accident site;
1. A written result of autopsy;
1. Photographs of a place of accident;
1. Application of Acts and subordinate statutes to traffic accident analysis;
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. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Scope of Recommendation] General Traffic Accidents (Type 2 (Type 8-2) (Special Mitigation) (including a person subject to special mitigation) / Cases where illegality is serious in the basic area of punishment (including a serious effort to recover damage), or in the case of climatic driving (excluding the proviso of Article 3(2) (8) of the School Special Act) or in the case of climatic driving [Pronouncement decision] the defendant neglected to perform his duty of climatic while proceeding beyond the speed limit.