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 ice car.
On September 14, 2018, at the D farm parking lot located in Jeju Island, the Defendant driven the said car and proceeded to the exit of the parking lot.
Since there is a lot of traffic for tourists, there was a duty of care to prevent accidents in advance by accurately manipulating the front and rear left, steering and brakes.
Nevertheless, the Defendant did not discover the victim E (WW) who passed the Defendant's car in front of the Defendant's car due to the negligence that the Defendant neglected this and did not live well on the front side and the left side and left side, and received the victim's head from the victim, etc. as the front part of the Defendant's car and continued to proceed with the victim's driver's car even though the victim was in front of the Defendant's car.
Ultimately, at around 15:35 of the same day, the Defendant caused the death of the victim due to serious brain damage in the emergency room of the F Hospital in Jeju.
Summary of Evidence
1. Defendant's legal statement;
1. Accident video CDs;
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 selection of
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lecture has a significant consequence leading to the death of a victim, and the defendant's immediate stop even if the victim was shocked by one lane, the result of death would not have occurred if the victim immediately stopped. Meanwhile, the defendant seems to have been well-known by a small victim, and the defendant is the first offender without any previous conviction, and is against the victim's family and bereaved family, and the defendant agreed to do so.