교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in the duty of driving K5 taxis.
On March 25, 2019, the Defendant driven the above taxi on March 22:35, 2019, and driven the front road of Dongdaemun-gu Seoul Metropolitan Government C along the 73km/h (h) along the 5-lane distance from the spanch road.
At the time, since it was difficult at night to see the front-time, there was a duty of care to reduce the speed for those engaged in driving service and to see it well.
Nevertheless, when the defendant neglected this and found the victim D (in this case, 52 years old) who crosses the road to the right side from the left side of the horse due to negligence of more than 13 km/h, and operated the Hand to the left side to avoid this, but the defendant was faced with the victim's right side in front of the taxi.
Ultimately, around March 25, 2019, around 22:50 on March 25, 2019, the Defendant caused the death of a victim due to damage to the two middle e, which was transferred to a F Hospital located in Seongdong-gu Seoul Metropolitan Government.
Summary of Evidence
1. Defendant's legal statement;
1. The actual survey report on traffic accidents;
1. A written result of autopsy and postmortem examination;
1. A traffic accident speed analysis report;
1. Photographs and on-site photographs of the vehicle;
1. Application of CCTV-related Acts and subordinate statutes;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The range of recommending punishment according to the sentencing guidelines [the range of recommending punishment] general traffic accidents shall be limited to the range of recommending punishment [the range of recommending punishment] general traffic accidents (including efforts to recover damage) where victims are at considerable negligence in the occurrence of traffic accidents or the expansion of damage, even in the area of special mitigation (two months to one year) (special mitigation).
2. The Defendant, at night, shall proceed with a speed exceeding 13 km/h at night and take time on the frontline.