교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving service B.
On July 15, 2015, the Defendant driven the above Obaon around 15:18, and led the Defendant to proceed to Daegu direction in the military direction, depending on two lanes prior to the entrance of the additional 5-lanes of the National Road, which was located in the Dolcheon-ri, the additional road of the 5-lane Dol-do.
In such cases, a person engaged in Otoba is obliged to wear a safety cap if he/she has a passenger on the Otoba, and has a duty of care to ensure safe operation by accurately operating the steering and steering gear.
Nevertheless, the Defendant neglected this and caused the victim C (the 70-year-old age), who was on the back side of the Oral Ocean, to wear a safety cap, and caused the victim C (the 70-year-old age-) to drive a full-time vehicle by negligence, such as not giving a proper balance of Oral wave, and caused the victim to go off his body by the wind, and return the body back to the wind.
As a result, the Defendant caused the victim to die due to brain death in Daegu Hospital around 18:04 on the same day by negligence in the above business.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the occurrence of a traffic accident and a statement of actual investigation;
1. Application of Acts and subordinate statutes of a death certificate;
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 application of the sentencing criteria [the scope of the recommended punishment] general traffic accidents resulting in death of traffic accidents in general, [the period from February to October] area of special mitigation (the special sentencing factors] (the victim is also at fault of causing traffic accidents or increasing damage, the victim is not subject to punishment;
2. Since the decision of sentence results in the serious result of the death of the victim due to the accident in this case, the nature of the crime is not easy.