교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above sentence 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 of Cunst Vehicles.
On December 7, 2017, the Defendant driven the above vehicle at around 07:40 on December 7, 2017, and driven the front road D in Daejeon-gu along the two-lane distance from the beginning side of the culture of the Seocho-gu to the flow-distance distance of about 50km in speed.
At this time, there is a duty of care to prevent accidents by accurately operating the front side and the right and the right and the right and the right and the right and the right of the defendant, who is engaged in driving of the vehicle, and by accurately operating the steering direction and the brakes, thereby ensuring the safety of the course.
Nevertheless, the Defendant neglected to do so and proceeded on the front side without coming well, and had the part of the victim F (Woo, 78 years old) crossing the road from the left side of the running side of the Defendant in the direction of the vehicle in the Marshed by the Defendant cut down to the front part of the vehicle in front of the Defendant.
Ultimately, the Defendant caused the death of the victim on December 7, 2017, while receiving treatment at the emergency room of the Chungcheongnam-nam University Hospital due to such occupational negligence.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement of the police statement related to G;
1. A traffic accident report;
1. A death certificate;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;
1. The criminal liability is unlimited in that the occurrence of a serious consequence of the death of a victim due to a traffic accident caused by the defendant's occupational negligence on the grounds of sentencing under Article 62 (1) of the Criminal Act, but there is a considerable fault on the part of the victim.
The sentence shall be determined as ordered in consideration of the fact that the defendant vehicle can be seen, the fact that the defendant vehicle is covered by a comprehensive insurance and that the victim has agreed smoothly with the victim.