교통사고처리특례법위반(치사)등
A defendant shall be punished by imprisonment 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
1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death, etc.) by the Defendant is a person who is engaged in driving a B New Franchise XG car;
On January 7, 2019, the Defendant driven the said car at around 18:00, while proceeding the front road in front of Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, with the two-lanes of the two-lanes, into Seoyang-gu, Seoyang-gu, the two-lanes of the two-lanes.
At this point, the center line of yellow-ray is installed, so in this case, there was a duty of care for those engaged in driving service to live well with the front and left, and to keep the tea well and to make a U-turn at the point where it is permitted to do so.
Nevertheless, the Defendant neglected this and changed the lane into one lane for the opposite lane, and due to the occupational negligence of the victim D (year 25) driving along one lane in the same direction as the Defendant, received the front part of the EMW Oral, which was driven by the victim D (year 25) driving in the same direction as the Defendant, from the left side of the Defendant’s vehicle.
Ultimately, the Defendant caused the death of the victim due to the above occupational negligence on January 8, 2019, at G Hospital located in Soyang-gu, Soyang-gu, Goyang-gu, Hongyang-gu, to the death of the victim.
2. Violation of the Road Traffic Act (Unlicensed Driving) was operated by the Defendant without obtaining a driver’s license in a section of about 20 km from the I parking lot located in Eunpyeong-gu Seoul Metropolitan Government H to the places indicated in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement to J and K;
1. Application of Acts and subordinate statutes on the de facto survey report, the register of driver's licenses, the register of changeers and field photographs, death certificate, and black screen pictures;
1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act (the occupation of a person causing occupational negligence, the occupation of a person without prison labor), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;