교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for six months.
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 math vehicle B.
On November 10, 2017, the Defendant driven the above cargo vehicle around 08:10 on November 10, 2017, and opened the road near the Macheon-ri 1333 of the Macheon-si, Kimcheon-si, and came to the intersection by straighting the road near the e-distance intersection from the e-mail of Kimcheon-si to the e-mail of the neighboring village.
Since there is no signal that the passage of a vehicle is frequent, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front side and the right and the right and the right of the motor vehicle and accurately manipulating the steering and brakes.
Nevertheless, the Defendant neglected to do so and got the front part of the vehicle driving by the Defendant, which entered the intersection from the right side of the proceeding direction to the left side of the victim C (75 ) who entered the intersection from the right side of the proceeding direction.
Ultimately, the Defendant caused the victim's death by the above occupational negligence on the ground of the tension with tensions, scarfs, and scarfs by the cage of a cageus.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Application of Acts and subordinate statutes to report internal investigation (as to attachment of black stuff images, etc.) and report internal investigation (as to attachment of a copy of a changed private case);
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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. Application of the sentencing criteria [Scope of the recommended punishment] General traffic accidents of Type 2 (Death or Injury of Traffic Accidents), the area of special mitigation (two months to one year) (special mitigation factors) (special mitigation factors) where the victim has committed considerable negligence in the occurrence of traffic accidents or the expansion of damage, no penalty surcharge shall be imposed;
2. The accused who has made a decision on the sentence of sentence shall bring about a traffic accident while driving a cargo vehicle; and