교통사고처리특례법위반(치사)등
A defendant shall be punished by imprisonment for not more than ten 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
1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death, etc.) is a person engaging in driving a vehicle BM3;
On February 3, 2019, the Defendant driven the said car at around 07:15, and proceeded ahead of the D convenience point in Daegu Jung-gu, Daegu-gu, at a speed of about 45 km in the speed of speed from the surface of the flusium to the flusium distance.
A person engaged in driving of a motor vehicle has a duty of care to check and drive the safety of course by living well on the front side and the left side.
While the Defendant neglected to do so, the Defendant found the victim E (the age of 83) who illegally crosses the crosswalk red signal, etc. from the right side of the course to the left side of the road, and took urgent action, but did not avoid it, but received the left side side of the victim's vehicle as the right side of the vehicle driving.
Ultimately, at around 22:15 on May 10, 2019, the Defendant caused the death of the victim in G Hospital located in the Daegu North-gu, Daegu-gu, due to waste, cerebralopsis, dyssis, etc. in the above occupational negligence.
2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by the mandatory insurance of automobile;
On February 3, 2019, the Defendant, as the owner of the BM3 passenger car, operated the said passenger car without mandatory insurance on the front of the D convenience point located in Daegu-gu, Daegu-gu, Seoul-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement about H;
1. The actual condition survey report;
1. A report on internal investigation (verification of blacks and videos of Maritime Motor Vehicles);
1. Mandatory insurance policies;
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, Article 268 of the Criminal Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 (main sentence) of the same Act;
1. The Criminal Act among concurrent crimes.