교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for four months.
However, the execution of the above sentence shall be suspended for 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 a Switzerland car.
On November 14, 2015, the Defendant driven the above car at around 00:06, and driven the four-lane road in front of the “D” in Gwangju Mine-gu C, Gwangju, along two-lanes, toward the 82.9km/h speed from the side of the Seongbuk Hospital at a speed of 82.9km/h.
At the time, it was night and rained, and there was a limited speed of 60 km/h, so the Defendant engaged in driving service has a duty of care to reduce the speed in advance and drive safely by taking into account the right and the right and the right well.
Nevertheless, the defendant neglected this and driven a speed exceeding 22.9km/h of speed, and caused the victim E (W, 45 years old) who illegally crossed a crosswalk to the right side on the left side of the defendant's vehicle to shock the speed above the ground floor by shocking the victim E (W, 45 years old) to the front right part of the defendant's next right part.
Ultimately, the Defendant caused the victim to die by the foregoing occupational negligence at the emergency room of the Joseon University Hospital located in the 365 Joseondong-gu, Gwangju, on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A survey report on actual conditions;
1. A death certificate;
1. Application of Acts and subordinate statutes to investigation reports (in response to results of appraisal);
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. Scope of applicable sentences by law: One month to five years; and
2. Scope of the recommended punishment according to the sentencing guidelines: Imprisonment without prison labor for up to ten months (the scope of the recommended punishment) for general traffic accidents in the area of special mitigation (up to 10 months) (up to 2 months for special mitigation) (up to 10 months for victims) for the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including serious efforts to recover damage).
3. Determination of sentence: Four months of imprisonment without prison labor and suspension of execution;