교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for eight months.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
Punishment of the crime
The defendant is a person who drives a C-A-Wurd-Wurt Motor Vehicle.
Around 04:50 on May 20, 2014, the Defendant driven the said car and proceeded two-lanes of the two-lanes of the salary Dosan-gun, Chungcheongnam-gun, Doyang-gun, Chungcheongnam-do, in the new port from the boundary of the new port to the boundary of the Green High School.
At all times, the signal lights and crosswalks are installed, and the signal lights are on-and-off lights to inform the caution during the driving, so the driver of the motor vehicle has a duty of care to check whether there is a pedestrian and to safely drive the motor vehicle in advance by safely examining the front side and prevent the accident.
Nevertheless, the Defendant neglected to perform the above duty of care and took part of the victim D (the age of 84) who walked on the front side of the passenger car in the front side of the Defendant’s car driving direction from the right side of the vehicle driving direction to the left side.
Ultimately, at around 06:00 on the same day, the Defendant caused the death of the victim in the F Hospital E located in Gosong-gun, Gosong-gun.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. The actual condition of traffic accidents;
1. Application of Acts and subordinate statutes of a death certificate;
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. The reasoning for sentencing under Article 62(1) of the Criminal Act of the suspended sentence reveals the occurrence of a serious consequence of the death of the victim due to the instant traffic accident. However, it is decided as per Disposition in consideration of the following: (a) the Defendant reflects the fact that the Defendant is a primary offender; (b) the Defendant’s driving vehicle is covered by a comprehensive motor vehicle insurance; and (c) the victim’s bereaved family members and the victim’s bereaved family members want to have the Defendant