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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person engaging in driving a chartered bus B.
On October 2, 2017, the Defendant driven the above bus around 05:02, and led Seodaemun-gu Seoul to enter the front side of the Seodaemun-gu Seoul to its inner circulation, red from the west ICside to its intersection.
At the time, there is a night and a place where a crosswalk with no yellow flickering lights and signal lights is installed, so there was a duty of care to prevent accidents in advance by thoroughly manipulating the steering direction and brake system of the vehicle and accurately manipulating the steering direction and brake system of the vehicle.
Nevertheless, the Defendant neglected to stop in front of the crosswalk without temporarily suspending it, and was negligent in operating the speed of about 66 km per hour at a speed of 40 km, and found the victim D (77 tax) where the Defendant was fright from the left side of the running direction of the horse to the right side of the road, and received the Defendant’s front side of the bus.
Ultimately, the Defendant suffered from the victim’s death due to the foregoing occupational negligence, resulting in the death of a medical doctor at a school of the next generation and a university sbroke hospital of the same day due to the acute respiratory injury.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. Responses to traffic accident analysis;
1. Application of Acts and subordinate statutes of a death certificate;
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 the selection of imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The Defendant’s negligence, which caused an accident at the crosswalk of the reason for sentencing Article 62-2 of the Social Service Order Criminal Act, is very serious, and the Defendant’s liability is heavy in light of the fact that the victim’s death led to the death.
However, the defendant does not want to punish the defendant because the defendant's mistake is recognized, the vehicles of the defendant's driving are subscribed to the Financial Cooperative and the victim's bereaved family members are fully agreed.