교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for eight months.
except that 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 car in a SP area.
On November 5, 2013, the Defendant driven a motor vehicle in Spati area around 11:20 on November 5, 2013, and led to the flow of a road adjacent to the substation, which is located on the side-side side of the Gyeongsan City.
The location was the gate road, and there was a place where the pedestrian walkes on the right side of the road, so there was a duty of care to safely drive a person engaged in driving motor vehicle by properly manipulating the brakes other than the steering gear.
Nevertheless, the Defendant neglected to do so and proceeded on the road by negligence and received the victim D (the age of 67) who, while the Defendant was moving back to the left-hand wheel of the Defendant’s car in order to get out of it, was dissatisfyed down by the rear and was going out of the stairs following it.
Ultimately, at around 13:02 on the same day, the Defendant caused the victim D to die due to the damage of the North Korean father and the chest mother in the F Hospital located in Daegu Dong-gu E.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. A medical certificate;
1. Statement of intention;
1. Application of Acts and subordinate statutes of a death certificate;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;
1. Scope of sentencing on the grounds of sentencing under Article 62(1) of the Criminal Act: The final sentencing range recommended by sentencing guidelines from January to May 5 of the Act : The types of traffic accidents in the traffic crime group / [special sentencing] the types of traffic accidents in the standards of general traffic accidents from among the traffic crimes group / None of the increased factors: the mitigated factors / [the scope of recommending punishment] mitigated area (from April to October): No aggravated factors of general increased factors in the sentencing guidelines: The strong reflectness and the sentencing criteria for automobile comprehensive insurance.